Could any help please the question is as follows,
Paul Roger winery UK Ltd (“Roger”) enters into a contract with Gosset (“Gosset”), a French champagne maker and supplier to buy champagne. The contract is for the supply of Gosset’s champagne including its rare vintage of 1990. Roger is an English distributor supplying high-end restaurants, bars and retail outlets. The contract stipulates that the agreement will last for an initial period of one year with a further option of 18 months at the discretion of Roger. Delivery of the champagne is to be by installments every two months. The value of the contract is £1 million half of which Roger paid up-front. The balance is due upon delivery of the sixth installment.
The first installment was delivered and accepted on time. When the second installment was delivered, Roger noticed that the wrong vintage year was delivered. Upon notification, Gosset immediately rectified the problem and supplied the correct vintage. The fourth installment was on time but the wrong vintage year. The fifth installment was not only late but also the wrong vintage year. The fourth and fifth installments were sent back to Gosset by Roger. Three weeks before the sixth installment, Gosset informed Roger that it would not be able to make any further deliveries under the contract.
Roger is very angry about this development as it has lucrative contracts with a number of high-end restaurants and bars especially for the Vintage champagne. Roger estimates that it has lost about £4 million because of Gosset's breach and £ 2 million of that is due to the loss of the lucrative contracts. Roger wants to recover the loss. You have been approached by Roger about its position.
Now I certain section of the sales of goods act are relevant, and am going to have too decide whether these are warranties or condition, as these will affect posible remedies, however can anyone tell me what else is relevant because I am having trouble to make the 3000 word count.
Commercial law urgent?
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- 16-04-2012 14:36
- 16-04-2012 14:53
- 16-04-2012 16:32
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- 16-04-2012 16:36
Try a forum search as this question, verbatim, has definitely been asked in the recent past.