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Can anyone help with an essay??!! (Read 2073 times)
BennettGibson
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Can anyone help with an essay??!!
Mar 7th, 2005 at 3:54am
 
I'm really struggling with an essay.  ???
Can you help?!?
The questions are to do with Scots Law and Somercial Law. Any help, pointers, books to look at, areas of law to look at or answers would be much appreciated. Thank you.

1. A orders 10kgs of cofee from supplier, B, who has 40kgs. She sends a cheque and pays for half, with intent on paying for other half on delivery. B then sells the other 30kgs to 2 other buyers. Before the supplier packages and delivers the tea it is destroyed in a fire at the warehouse. She is left with just 10kgs. The 3 buyers demand their tea.

What is A's entitlement to the tea left over.

2. In the fire jewellery was also destroyed. The jewellery was bought by X, a company run by B. However, the insurance company refuses to pay out as the warehouse is insured in an insurence policy for the warehouse and its contents under B's name. They refuse to honour the claim made out by X for the loss of the jewellery.

Advise B in relation to who can claim under her insurence policy for the damage to the warehouse and her jewellery.

3. After getting a new warehouse, B gets a new shipment of tea. She phones C and tells her this new tea is of the highest quality and flavour and is guaranteed to delight her customers. C agrees to buy 5kgs. She is delivered 7kgs and is annoyed that the invoice is also made out for 7kgs. She only discovers the error after the delivery has been made so puts the tea in a storeroom and emails B to say the driver can collect the extra 2kgs on his next visit. 

The customers do not like the tea and B tries some. She thinks it tastes like dishwasher. A tea connoisseur says it is acceptable, but not excellent. After 2 weeks in the storeroom, the tea begins to smell and is discoloured. Tea she normally gets from B lasts for 12months. She decides she can not serve it and trows it out. Also throws out the 2kgs extra, which had also started to rot. C phones B to complain about the tea and its early expiry. B ain't interested, says tea was of excellent quality and that it must have been kept in adverse conditions to rot so quickly. B claims C will have to pay for the extra 2kgs now she has throwen them out.

Advise C in relation to her rights and remedies in connection with the tea.

Finally, 4. B has a load of tea to be delivered. Gets Z to deliver. Tea is loaded on and the lorry sets off. Despite warnings of heavy rain and landslides, the driver decides to carry on and reach his destination by nightfall. Is 3hours into the journey when a landslide closes the road in front. He manages to get out of the lorry to safety just before another landslide sweeps the lorry off the road.

The road, which are usually busy, are so quiet he has to wait 20mins for another car to come by and give him a life back to B to report the loss of the lorry and the tea. B is shocked to hear the news and claims compensation for the loss of tea on board, which amounted to 2,000. Z refuse to pay.

Advise B in relation to the problems of the carriage of tea.

Thanks for any help you can give. Much appreciated.

Bennett.
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