QUESTION
Malik works a restaurant at Taman Desa Kluang, Johor. He ordered from Ah Chong Mini Industry 50 carriers of Pakistaner basmati rice at RM40 per bag and 200 packets of sugar in RM2. twenty per packet. It was expressly agreed between your parties that Ah Chong must packs the sugar in packing containers containing twenty packets every. However , when Ah Chong delivered the products to Malik’s restaurant, it absolutely was found the fact that sugar was packed in boxes that contain 30 bouts each. The basmati rice that was supplied was found to get from India not Pakistan.
Malik wishes to reject the goods. Suggest Malik.
Challenging
Issue
Whether Malik usually takes legal actions against My oh my Chong for breach of implied state by information.
Principles of Law
Section two of SGA
“Every kind of movable property apart from actionable statements and funds, and involves stocks and shares, developing crops, grass and point attached to or perhaps forming part of land which can be agreed to become severed available or underneath the contract of sale
Section 15 of SGA
If the contract is for the sales of products by description, there is a great implied condition that the goods must overlap with the explanation.
Case: Moore & Co v Wash
Specifics: Contract for several, 100 instances of canned fruit loaded 30 tins to a case. But half the cases contained only 24 tins although the total quantity was achieved. Held: the goods not overlap with contractual description. The buyers eligible for reject the products.
Case: Nagurdas Purshotumdas sixth is v Mitsui Bussan Kaisha
Previous contract- sale of flour which was sold in luggage bearing a well known trade mark. Subsequent contract- flour purchased ‘the same as ourprevious contract’. Seller offered flour of the same quality but did not keep the same recognized trade indicate. Held: there was a breach of state as the products did not overlap with the description.
Application
According to Section two of SGA, basmati rice and glucose are removable property. Relating to Section 15 of SGA, the basmati rice and sweets supplied by Ah Chong must correspond together with the description explained by Malik. According to the case of Moore & Company v Launder, Malik purchased from My oh my Chong to delivered two hundred packets of sugar and pack the sugar in boxes that contain 20 packets each but Ah Chong pack the sugar in boxes that contain 30 packets each. According to the case of Nagurdas Purshotumdas v Mitsui Bussan Kaisha, Malik purchased Ah Chong to shipped basmati rice from Pakistan but Oh Chong provided basmati grain from India not Pakistan.
Conclusion
Malik purchased from Ah Chong to delivered 2 hundred packets of sugar and pack the sugar in boxes that contains 20 packets each but Ah Chong pack the sugar in boxes that contain 30 packets each. Malik also bought Ah Chong to provided basmati rice from Pakistan but Ah Chong supplied basmati grain from India not Pakistan. Therefore , Malik can take legal action against Ah Chong for breach of implied condition simply by description. Malik also can repudiate the deal or decline the goods.
QUESTION
Discuss the differences between conditions and warranties in a contract of sale of goods.
CONDITIONS
Section 12(2) of SGA-Definition of Condition
Condition is a stipulation essential to the primary purpose of the contract.
Break of State
Deal can be repudiated, goods may be rejected.
Conditions (Situations where innocent get together cannot repudiate the contract) Section 13 of SGA
” Where the buyers waives the disorder.
” Where the customers elects to deal with the breach of condition as a breach of warranty.
” Where the agreement is NOT REALLY severable and the buyer has accepted items.
” Where the contract is particular goods the property in products or control has passed towards the buyer.
GUARANTEES
Section 12(3) of SGA-Definition of Warranty
Warranty is actually a stipulation collateral to the key purpose of the contract.
Breach of Warranty
Can easily claim damage but simply cannot reject goods or repudiate the contract.
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