1. Alfred, a retailer, orders from Mark, a nuts merchant, ten tons of mixed nuts. In addition, he asked Mark if he could put the nuts aside and store them until he was ready for them. Mark accepts the order, carries out Alfred’s request and notifies him that the ten tons of mixed nuts had been put aside in accordance with his request and await collection. Days later the warehouse in which the nuts were stored was burnt down and all the nuts therein were destroyed. Using your knowledge of contracts for the sale of goods and a decided case, advise Mark whether he will succeed in recovering the price of the nuts from Alfred. Remember to use the IRAC method. a) With the aid of an example or illustration, distinguish between TWO (2) of the following pairs of terms: a sale and an agreement to sell condition and a warranty property and possession damages and rescission
1. Alfred, a retailer, orders from Mark, a nuts merchant, ten tons of mixed nuts. In addition, he asked Mark if he could put the nuts aside and store them until he was ready for them. Mark accepts the order, carries out Alfred’s request and notifies him that the ten tons of mixed nuts had been put aside in accordance with his request and await collection. Days later the warehouse in which the nuts were stored was burnt down and all the nuts therein were destroyed.
Using your knowledge of contracts for the sale of goods and a decided case, advise Mark whether he will succeed in recovering the price of the nuts from Alfred. Remember to use the IRAC method.
a) With the aid of an example or illustration, distinguish between TWO (2) of the following pairs of terms:
- a sale and an agreement to sell
- condition and a warranty
- property and possession
- damages and rescission
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