Masha agreed to buy 10 containers of rice from Rukia after being furnished with sample of the same. The rice was to be imported from Pakistan and that payment is to be made on arrival against the shipping documents. Masha, paid for the rice before he had the opportunity to examine all containers. Later, on examination, Masha found that the bulk of the goods did not correspond with the sample. Explain in detail whether Masha can reject the goods.
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Masha agreed to buy 10 containers of rice from Rukia after being furnished with sample of the same. The rice was to be imported from Pakistan and that payment is to be made on arrival against the shipping documents. Masha, paid for the rice before he had the opportunity to examine all containers. Later, on examination, Masha found that the bulk of the goods did not correspond with the sample. Explain in detail whether Masha can reject the goods.
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- Andrews ordered 20 round tables to seat parties of two, 25 square tables to seat parties of four, 5 tables to seat larger parties and 175 chairs. The tables were specially ordered to contain the logo of the restaurant on the top of each table. Andrews paid for the entire shipment when placing the order; however, the supplier was responsible for making the shipping arrangements. The tables and chairs arrived three weeks later; however, five were scratched and damaged. Seven of the chairs were missing. Analyze the restaurant’s options related to the damaged tables and missing chairs. Be sure to address the applicability of the UCC to the transaction.Lewis owned a second-hand car which he bought for RM35,000.00 in cash before the COVID19 outbreak. Due to a tight budget and to cover his credit card debts from his lavish lifestyle, Lewis decided to sell the car. Jimin expressed interest and offered RM15,000.00, which Lewis accepted. After Jimin paid RM15,000.00, he informed Lewis that he would pick up the car a week later. The following day, Lewis's colleague, Daniel, offered to purchase the car for RM25,000.00, which Lewis immediately accepted. He later contacted Jimin informing him that he had sold the car to Daniel and would return the RM15,000.00 paid by Jimin plus RM1500.00 as compensation. Jimin was enraged, insisting that the car belonged to him already, and he was the one who made the first bid and paid in full. Irritated by Jimin's responses, Lewis replied it was his right as the owner to choose the buyer and that he and Jimin had no legally binding contract. Furthermore, the price offered by Lewis was significantly lower…Mary's Stationery Store ordered via fax, 10 wood cabinets from Oscar's Office Furniture Co. at a cost of$ 1,000 per unit, with delivery within thirty ( 30 ) days at her place of business. She insisted in the fax that Oscar "take good care in handling the furniture so that it arrives safely, without any dents or scratches". Oscar advised that the goods would be shipped through PUG Transport Co. While the truck was en route with the cabinets, it crashed and all goods were lost. Oscar demanded Mary pay; Mary refused and insisted on a new delivery. Mary also ordered via fax, 500 red, white and blue ball point pens from Parker Pen Co. at a cost of $ 3 per pen and with delivery within 30 days. On the 25th day, ABC Delivery Co. delivered the pens and on inspection, Mary noticed she received 250 black pens and 250 silver pens. She also noticed that more than 50% of the pens had long scratches on their outer casings but all the pens wrote fine. She advised the truck driver that "if I didn't…
- 1) Jim offered to buy James's Porsche motor vehicle. Jim gave James 2 weeks for an answer. Two days after, Jane offered to sell her Porsche motor vehicle to Jim for which he was very excited to purchase because she had the latest model. Jim called James and told him personally that he is no longer interested in purchasing his Porsche. James is very upset, because he was keen to sell. He is of the view that Jim cannot withdraw his offer because the two weeks has not elapsed. He knows that you are a business law student at Open Campus and sought your advice on the matter. Advise James. Will your answer be the same, if Jim failed to communicate to James within the two weeks that he no longer is interested in purchasing James's Porsche motor vehicle and James accepted on the last day of the end of the two weeks?CASE SALES OF GOODS ACT Star Homes Company a home builder in Sohar purchased various appliances of value RO 5000 from International Appliances Company a retail merchant selling home appliances in Muscat. They were intended to be installed in one of the Star Homes under construction houses and were to be delivered on February 1 between 9:00 am to 5:00 pm. At 5 o’clock on that day, the appliances had not been delivered to Star Homes Office. Star Homes employees waited for a while closed the office and left. Sometimes between 5:00 pm and 6:30 pm International Appliances Company truck came and since was no one present in Star Homes office the delivery man put the appliance in the garage and left. During the night, someone stole the appliance. Star Homes denied that it was responsible for the loss and refused to pay International Appliances Company for the appliances. International Appliances Company filed a case against Star home company claiming for the purchase price. QUESTIONS: 3-If…34. When an accidental release of dangerous goods occurs, and it is in a quantity that requires an immediate report to be made, who is responsible for alerting the proper authorities? A)The police B)Transport Canada C)CANUTEC D)The person who has possession of the dangerous goods at the time of the release
- Mary, a keen pottery collector, saw a notice in the Daily News for an auction at James Pottery Limited on September 30th 2022. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item the “Mozart Pottery”, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site, she found a notice stating that the auction had been canceled. Mary thereafter proceeded to a nearby antique shop and saw on display in the window, the identical “Mozart Pottery” priced at $10,000. Mary told the shop owner, Anthony, that she was only willing to pay $8,000 for it. However, Anthony indicated that he is willing to sell the pottery for $9,500. Mary then indicated to him that she desires some time to think it over and after lunch she will advise him. Anthony subsequently, agreed not to sell the identified pottery, until she return after lunch. However, Anthony forgot his promised to Mary and sold it to John for $9,500 before…Mary, a keen pottery collector, saw a notice in the Daily News for an auction at James Pottery Limited on September 30th 2022. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item the “Mozart Pottery”, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site, she found a notice stating that the auction had been canceled. Mary thereafter proceeded to a nearby antique shop and saw on display in the window, the identical “Mozart Pottery” priced at $10,000. Mary told the shop owner, Anthony, that she was only willing to pay $8,000 for it. However, Anthony indicated that he is willing to sell the pottery for $9,500. Mary then indicated to him that she desires some time to think it over and after lunch she will advise him. Anthony subsequently, agreed not to sell the identified pottery, until she return after lunch. However, Anthony forgot his promised to Mary and sold it to John for $9,500 before…Mary, a keen pottery collector, saw a notice in the Daily News for an auction at James Pottery Limited on September 30th 2022. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item the “Mozart Pottery”, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site, she found a notice stating that the auction had been canceled. Mary thereafter proceeded to a nearby antique shop and saw on display in the window, the identical “Mozart Pottery” priced at $10,000. Mary told the shop owner, Anthony, that she was only willing to pay $8,000 for it. However, Anthony indicated that he is willing to sell the pottery for $9,500. Mary then indicated to him that she desires some time to think it over and after lunch she will advise him. Anthony subsequently, agreed not to sell the identified pottery, until she return after lunch. However, Anthony forgot his promised to Mary and sold it to John for $9,500 before…
- Mary, a keen pottery collector, saw a notice in the Daily News for an auction at James Pottery Limited on September 30th 2022. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item the “Mozart Pottery”, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site, she found a notice stating that the auction had been canceled. Mary thereafter proceeded to a nearby antique shop and saw on display in the window, the identical “Mozart Pottery” priced at $10,000. Mary told the shop owner, Anthony, that she was only willing to pay $8,000 for it. However, Anthony indicated that he is willing to sell the pottery for $9,500. Mary then indicated to him that she desires some time to think it over and after lunch she will advise him. Anthony subsequently, agreed not to sell the identified pottery, until she return after lunch. However, Anthony forgot his promised to Mary and sold it to John for $9,500 before…Mary, a keen pottery collector, saw a notice in the Daily News for an auction at James Pottery Limited on September 30th 2022. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item the “Mozart Pottery”, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site, she found a notice stating that the auction had been canceled. Mary thereafter proceeded to a nearby antique shop and saw on display in the window, the identical “Mozart Pottery” priced at $10,000. Mary told the shop owner, Anthony, that she was only willing to pay $8,000 for it. However, Anthony indicated that he is willing to sell the pottery for $9,500. Mary then indicated to him that she desires some time to think it over and after lunch, she will advise him. Anthony subsequently, agreed not to sell the identified pottery, until she return after lunch. However, Anthony forgot his promised to Mary and sold it to John for $9,500 before…Darren goes to a monster truck rally. Before going to the rally, he does not read the back of his ticket, which states "Monster truck rallies are extremely loud and noisy. Ear protection is highly recommended. By purchasing this ticket, the bearer of the ticket has expressly assumed any and all risk of ear injury associated with attending this event." Darren, not having read the back of the ticket, does not bring earplugs or other protective ear equipment to the rally. After the rally, he has constant ringing in his ears and cannot clearly hear people talk to him. Did Darren expressly assume the risk of ear injury? What about impliedly? Why or why not?
