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The problem question Answer both parts of the question. Both parts of the question carry equal marks. Asif is a supplier of handbags and has

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The problem question Answer both parts of the question. Both parts of the question carry equal marks. Asif is a supplier of handbags and has entered into two contracts. Contract 1 His first contract is with Raj for the supply and delivery of 2,000 handbags. Asif asked Dave, the owner of a van hire company, whether he had a van available for Asif to deliver the bags to Raj. Asif told Dave that the van would have to be able to carry 20 boxes containing the bags and he gave Dave the measurements of the boxes. Dave replied: "I have just the van for you. It's a Sprint Flyer Plus van. I have checked the manufacturers specifications and it is perfec for the job and can easily carry your boxes. The hire cost is 1,000. In error, Dave had read the manufacturers specification for the Sprint Flyer Grand rather than the Sprint Flyer Plus, which can only carry 15 boxes. Asif paid the 1,000 and hired the van on Dave's written standard terms which did not mention the carrying capacity and did not contain an exclusion clause for misrepresentation. When Asif loaded the boxes onto the Sprint Flyer Plus he discovered that it could only carry 15 boxes. In order to deliver the handbags on time, Asif loaded and delivered the 15 boxes to Raj. When he got home, Asif had to return the van to Dave as the hire period was due to expire. Asif then attempted to hire another van to transport the remaining 5 boxes to Raj. Due to a national shortage of vans for hire the only one available was in three days' time. Due to the volatility of the market, hire- rates had tripled and Asif had to pay 750 to hire another van to deliver the remaining 5 boxes. Advise Asif if he has a claim against Dave either for misrepresentation and/or breach of contract and, if so, what his remedies may be. Contract 2 The second contract is for the delivery of a container of handbags to an Indian buyer in Mumbai. Asif contracted with Christos, the owner of the MV South Bank, to carry the container from the port of Felixstowe. The written contract

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