ANSWER ALL THE FOLLOWING QUESTIONS
WITH REFERENCE TO THE STANDARD FORM CONTRACT …
1. Explain the legal issue that clause 1 of the standard form contract is addressing and what it is
aiming to achieve. Do you think it would be effective? [5 marks]
2. Explain the legal issue that clause 9 of the standard form contract is addressing and what it is
aiming to achieve. Do you think it would be effective? [20 marks]
WITH REFERENCE TO THE EVANS FURNITURE SCENARIO …
3. Has a contract for sale of goods been formed between Evans Furniture and Westway Office
Equipment? If so, comment on when title to the goods passed. [10 marks]
4. Describe the legal significance, if any, of the fact that 60 desks (ordered by Westway) were sent to
the loading bay before the fire occurred. [10 marks]
5. Higgins Office Stores are demanding compensation for the fact that they have only received 40 of
the 100 desks ordered by them. Advise them. [15 marks]
6. Higgins Office Store may have possession of 40 desks, but do they have title to them ? Explain the
legal basis for your conclusion. [10 marks]
7. Higgins Office Stores advise Evans Furniture that of the 40 desks received – 10 have handles which
are slightly loose or missing. They wish to use this as an opportunity to repudiate the contract and
recover the purchase price of all 40 desks. What is the legal basis for such a claim and would it be
likely to succeed? [10
marks]
8. Westway Office Equipment had arranged a sub-sale of the 60 desks which they had expected to
receive. The sub-sale was at a price of £900 per desk. Comment on the principles that will apply in
calculating any damages claim that they may wish to make. [10 marks]
9. Some of the retail customers have complained that the desks have slightly loose handles on the
drawers and one or two very small scratches on the sides. They are demanding a full refund of the
money paid. These complaints are received more that one month after date of sale. What is the
legal basis for such a claim and would it be likely to succeed? [10 marks]
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