« on: January 07, 2009, 03:58:26 PM »
Both questions are 2000 words each, and im confused on what topics to include in my essay.
Cyril, an antique dealer, tells Debbie, a law student, that a vase she is admiring is: “a genuine piece of Chinese porcelain worth £10,000 which once belonged to a famous judge, Lord Denning.” Debbie examines the vase for five minutes but fails to notice that the base is stamped, “Made in England, 1995”. She purchases the vase immediately after examining it. Six months later Debbie discovers that the vase is not an antique and has never belonged to Lord Denning. When she tries to recover her money from Cyril he replies that she should have seen for herself that the vase was not an antique and that anyway nobody would care whether or not it had belonged to a retired judge which was irrelevant to the sale. Also he says Debbie should have been aware of the notice (2’ x 2’) on the shop wall which stated “Beware: Customer’s liable to pay for breakages. Management not liable for any injury to persons or property or for any warranty express or implied as to age, value or provenance of any item sold”.
2. A is in London, B is in Bristol. A telexes B in the following terms: “I am prepared to sell you my car for £5,000, let me know if you are interested”.
Discuss the following separate and alternative circumstances:
a) B telexes/faxes back immediately: “I accept your offer, but on my standard terms and conditions of purchase”.
b) B replies by Post accepting A’s offer. The letter is delayed in the post
and takes a week to reach A. In the meantime, A has sold the car to D.
c) The facts as in (b) except that B immediately after sending the letter
sends a telex/fax indicating that he has changed his mind and no longer wants the car.
d) B telephones A four days later to accept A’s offer but at 7pm an answering machine invites B to leave a message. He does so, indicating that he accepts A’s offer. At 9.15 the next morning, A sells the car to D. At 9.30am A switches on his answering machine and hears B’s message.