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QUESTION

Your assignment is to prepare and submit a paper on sale of goods to a consumer.

Your assignment is to prepare and submit a paper on sale of goods to a consumer. Winston Graham, a partner of antic dealers, went to Daly Car Sales Ltd., a commercial vehicle dealer, to purchase a van after one of their three delivery vans was “written-off” in an accident. Graham conveyed that he was in search of a replacement vehicle that can load up to 1 ton and a cubic capacity of 200 feet. He also explained that the vehicle will be maximized for regular delivery of furniture, their business and that the average journey would involve normally four or fine large items of furniture.

Immediately, Alan Daly retorted that there was an available van that will befit Graham needs. He was referring to a White Transit XL which he warrants as a van with the capacity to run at a distance of 48,000 miles on the clock and the storage capacity suitable enough for delivery of furniture.

Graham immediately inspected the van and conveyed his observation of the small oil in the forecourt. Seller retorted that the oil leak was just incidental when they topped the oil and water levels when the van was used for service.

The parties underwent a moment of negotiation of van’s price bordering on discussions about the difficulties of the business of selling the second-hand van. The asking price was L4,800 (plus VAT) but Winston counter-offered a price of L 4,500 (plus VAT). Mr. Daly finally accepted Winston’s offer and they proceeded in signing the contract of sale, the latter was a standard form contract, the nature of which implied “take it or leave it” concept.

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