Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

you are ABC Limited. Give a proper explanation of why ABC Limited will win according to all questions. Case On- Sales & Supply of Goods

you are ABC Limited. Give a proper explanation of why ABC Limited will win according to all questions.

Case On- Sales & Supply of Goods

Case Facts:

ABC limited is a manufacturer of woolen cloths. On 1st March 2021 Shivenaz traders contracted ABC limited to buy 150 KGS of woolen cloth after being referred from Solmaid traders who also purchases the similar woolen cloths from ABC limited. Shivenaz traders clearly mentioned that they wanted the same materials of woolen cloths that ABC Limited was supplying to Solmaid traders and also stated that they would continue to buy the same quantity of woolen cloth from ABC limited for this entire season every month. Shivenaz traders had purchased the cloth for a particular purpose but did not disclose to the seller about their purpose. On 3 rd March 2021 the woolen cloths were delivered at the premises of Shivenaz traders and on 15th March Shivenaz traders discovers that owing to the latent defect in the woolen cloths as well as in the sample the cloth turned out to be unfit for the purpose for which Shivenaz traders had purchased, although the same was fit for other purposes. Shivenaz traders requested to return the woolen cloths to either change the material or return the price paid in full. ABC limited declined their request and due to this dispute Shivenaz traders wishes to invoke the arbitration clause according to their contract.

The claimant in this Arbitration case is Shivenaz traders and the defendants is ABC limited.

Question:

  1. Discuss whether there has been a breach? If so whether it is a breach of condition or breach of warranty. What are the remedies available in each case?
  2. Discuss Caveat emptor, will the rules of caveat emptor apply here? If so, why? If not, why?(use case law as reference)
  3. What would constitute as reasonable time for inspection? Use case laws or common law cases if necessary, to further your argument.
  4. Any other legal argument you consider fit in this situation.

You have to solve this case as defendants (ABC limited) and follow the law "The Sales of Goods Act,1930"(link in the comment box). and give Common Law's and Act's Reference.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Environmental Law Text Cases And Materials

Authors: Elizabeth Fisher, Bettina Lange, Eloise Scotford

2nd Edition

0198811071, 978-0198811077

More Books

Students also viewed these Law questions

Question

Read and interpret an income statement.

Answered: 1 week ago

Question

1. Eat lunch with a different group of students every day.

Answered: 1 week ago

Question

please dont use chat gpt AI 6 0 0 . .

Answered: 1 week ago