Any risk of deterioration in the goods necessarily incident to the course of transit shall be borne by the seller. True /false
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Any risk of deterioration in the goods necessarily incident to the course of transit shall be borne by the seller.
True /false
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- A shipbroker fixed a time charter trip in the Far East. There was a term in the charterparty that there could be “no crew change on the laden voyage”. However, during the laden voyage the owners sent a message to the shipbrokers’ operations department advising that on the way to the discharge port the ship would make a quick stop to conduct a crew change. The shipbroker failed to pass the message on to the charterers. When the charterers discovered the deviation they protested that neither the owner nor Master had informed them a crew change. Since this change caused a delay, charterers seeks compensation.a. State the party or parties in faultb. Who should pay the compensation for the damagesJohn Brown Ales Pty Ltd sells bottled beer to select licensed premises. Mary is out with friends and consumes a bottle of John Brown’s Old-Fashioned Ale. When she gets to the bottom of the bottle, she realises that there are the remains of an insect in the bottle. Mary suffered shock and became very ill with gastroenteritis. Mary missed two days of work and needed medical attention. Can John Brown be brought to account for Mary’s costs and suffering?Explain the distinction, in English contract law, between a condition and a warranty.
- Buyer Bert can't believe that Seller Sam has had a last-second change of heart about entering into an agreement to sell his home to Bert. Sam has offered to refund Bert's earnest money and even pay him something in acknowledgment of Bert's inconvenience and disappointment, but Bert's not having it. He wants Sam's house. Choose the remedy for breach of trust that Bert will most likely take. demand specific performance initiate rescission accept compensatory damages settle for liquidated damages34. 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 releaseShould FedEx be liable for the alleged loss of valuable rare coins when FedEx did not know what the package contained. Rykard v. FedEx Ground Package System.
- The Shotgun Trifles are musicians specializing in rock songs. They are planning a concert on a floating stage which will sail up and down the Klang river on 5 November. The Kl’s Docks Boatyard Ltd had contracted with the Shotgun Trifles for the rental of cruising boat name Maggie May for that night. On 2 October the KL’s Docks Boatyard Ltd received a better offer from Kuala Lumpur Borough Council to host a floating firework display and inform the Shotgun Trifles that the cruising boat is not available. The Shotgun Trifles express their disappointment but still want to hire the Maggie May.On the morning of 1 October, the Shotgun Trifles had agreed with Fly Promotions Co Ltd to run a series of advertisements on 31 October, 2 and 3 November, using sky-writing at a cost of RM50,000. They ring Fly Promotions Ltd on the afternoon of 1 October to cancel their deal, as they decide that sky-writing is contrary to their ecological credentials and might offend some of their fans. Fly Promotions…If the delivery term in the parties’ contract for the sale of goods is FOB the place at what the goods originated, absent any other agreement, the buyer is responsible for making reasonable arrangements for the goods to be shipped. true or false7) Goods in relation to sale of goods is referring to a) Immovable property b) money c) Movable property d) compensation 8) Goods which identified after the formation of the contract is called as a) Future goods b) Ascertain goods c) Existing goods d) Specific goods 9) Goods which are to be manufactured or produced after a contract of sale is called as a) Future goods b) Ascertain goods c) Unascertained goods d) Contingent goods
- A sales representative in a shopping centre handed Karl a flyer promoting a style cut and shave for $12 at Lion’s Mane Barber Shop. As he was actually in need of a haircut and shave, Karl dropped by the barber shop, which was also located in the same shopping centre. When he arrived at the shop and presented his flyer to one of the barbers, he was told that there had been an error in the statement of price on the flyer - it was supposed to be $22 and not $12. The shop manager tried to convince Karl that this was still a bargain price given that a style cut and shave would normally cost $30 in other barbershops. Karl got upset, as he passed by two other barbershops in the same shopping centre that sold haircuts and shaves for $20 to $25. If he had known about the supposed mistake in the Lion’s Mane flyer, he wouldn’t have bothered coming to the shop. Answer the following: Does Karl have any legal grounds to claim the price of $12? Would your answer be different if Karl already…Karen is on the highway headed home from Toronto. Traffic is moving slowly and she sees that an accident is the cause of the slow down. As she gets up to the scene, she notices debris and car parts all over the highway. She panics realizing she will have no choice but to drive over it. As a result, her front tires blow out and she fears damage has been done to the underside of her vehicle as well. How would Karen's insurer typically assess this loss? Comprehensive claim, as she did not hit another auto. Collision claim, as it was a single vehicle, At Fault claim. Collision claim, as it was a single vehicle. Not at Fault claim. Liability claim, as it is the third party's fault for the debris on the road.What are the rights of an unpaid seller when the buyer wrongfully neglects or refuses to pay?