Question
Students MUST use the IRAC method (Issue, Rules, Application, Conclusion) to answer the following scenario. All answers MUST be supported with relevant statute or case
Students MUST use the IRAC method (Issue, Rules, Application, Conclusion) to answer the following scenario. All answers MUST be supported with relevant statute or case law authority.
Scarlett's business "nettoyer les pattes" is doing incredibly well and she has leased a small premises in her suburb. She enters into a contract with Sofia's Shampoo Suppliesordering 1000 500 ml bottles of "Willows Washing" a tender shampoo and conditioner which is "soft and gentle for precious cats".
The goods arrive the following Monday and when she is receiving the new stock, she discovers that Sofia's Shampoo Supplies delivered 1001 bottles of the shampoo. Sofia's Shampoo Supplies did not invoice her for the extra bottle.
Scarlett immediately rejected the order because in her mind it did not meet the exact contract requirements.
Sofia's Shampoo Supplies Solicitors Django & Associates writes to Scarlett stating that unless she receives the order, they will sue her for breach of contract.
Students MUST use the IRAC method (Issue, Rules, Application, Conclusion) to answer part (a):
a) Advise Scarlett whether she is allowed to reject the order or whether she must receive it. (5 marks)
b) Would your answer be different if the contract had the termorder is for 42 x boxes of Willows Washing (each box containing 6 x 4 bottles)" however 40 boxes of 25 bottles (5 x 5) are delivered along with 8 bottles in a plastic bag? (2 marks)
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