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    I need help figuring out whether there is a breach of Sale by description, I'm not sure. The scenario below is similar to what I'm doing for a coursework.

    James who runs a courier business wishes to buy new vans for his company, he visits Matthew at RJ vans ltd and discusses his requirements. Matthew advises that he needs a transit shortwheel base & long wheel base and hopper van

    Matthew assures James he can satisfy his requirements and points him towards the vaux Long Wheel Base Transit, the valux Short wheel base transit and the Hopper van.

    James tells Matthew that the load requirements for the long wheel transit must exceed 5m, the load requirement for the short wheel transit should exceed 8m while the small hopper van should be 4m.

    Matthew tells james that the" load capacity of the vans will be sufficient for his requirements"

    The delivery date of the vans as agreed by 12th October.

    Onthe morning of 12th October James calls to enquire as to the delivery of the vans. Matthew says that the 5 short wheel transit vans will be there in theafternoon but that the long wheel transit will be 3 days late. That afternoon 4short wheel transit vans are delivered. A further short wheel transit van isdelivered on the 14th. The Hopper van arrive on the 12th October. Jamesagain signs the delivery note. On the 17th October one of his drivers reveals to James that the capacity of the Hopper van has only 2m of capacity. james telephones Matthew to inform him that he wishes to reject the Hopper van as they do not meet his requirements.
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    (Original post by DarkChaoz95)
    I need help figuring out whether there is a breach of Sale by description, I'm not sure. The scenario below is similar to what I'm doing for a coursework.

    James who runs a courier business wishes to buy new vans for his company, he visits Matthew at RJ vans ltd and discusses his requirements. Matthew advises that he needs a transit shortwheel base & long wheel base and hopper van

    Matthew assures James he can satisfy his requirements and points him towards the vaux Long Wheel Base Transit, the valux Short wheel base transit and the Hopper van.

    James tells Matthew that the load requirements for the long wheel transit must exceed 5m, the load requirement for the short wheel transit should exceed 8m while the small hopper van should be 4m.

    Matthew tells james that the" load capacity of the vans will be sufficient for his requirements"

    The delivery date of the vans as agreed by 12th October.

    Onthe morning of 12th December James calls to enquire as to the delivery of thevans. Matthew says that the 5 short wheel transit vans will be there in theafternoon but that the long wheel transit will be 3 days late. That afternoon 4short wheel transit vans are delivered. A further short wheel transit van isdelivered on the 14th. The Hopper van arrive on the 12th December. Jamesagain signs the delivery note. On the 17th December one of his drivers revealsto James that the capacity of the Hopper van has only 2m of capacity. jamestelephones Matthew to inform him that he wishes to reject the Hopper van as theydo not meet his requirements.
    Yes, it is a brreach. Under the sale of goods act the product must meet the requirements as described the user. If it doesn't meet the agreed requirements then it would be a breach of contract. However, there would of course need to a be a physical proof of contract, which the question doesn't state.
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    (Original post by TheOpinion)
    Yes, it is a brreach. Under the sale of goods act the product must meet the requirements as described the user. If it doesn't meet the agreed requirements then it would be a breach of contract. However, there would of course need to a be a physical proof of contract, which the question doesn't state.
    Hello,

    thanks for the quick reply, :P

    thoughts so, but what I'm stuck on is what words that forms part of that description and whether the description constituted a contractual term.

    Well what I've thought so far is that there was a clear reliance because James relied on Matthew's statement that " load capacity of the vans will be sufficient for his requirements"

    correspondance - easy because the buyer has given a list of qualities of the vans he needs.

    As for the sale, (although i forgot to mention tis in the scenario) he agrees with the sale and the sale will be on RJ vans standard terms. I'm guessing that the psychical contract.
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    (Original post by DarkChaoz95)
    Hello,

    thanks for the quick reply, :P

    thoughts so, but what I'm stuck on is what words that forms part of that description and whether the description constituted a contractual term.

    Well what I've thought so far is that there was a clear reliance because James relied on Matthew's statement that " load capacity of the vans will be sufficient for his requirements"

    correspondance - easy because the buyer has given a list of qualities of the vans he needs.

    As for the sale, (although i forgot to mention tis in the scenario) he agrees with the sale and the sale will be on RJ vans standard terms. I'm guessing that the psychical contract.
    The key word is 'sufficient', its a very ambiguous phrase which can be twisted to mean it would just about fit his needs.

    I wouldn't think it would stand up to scrutiny, firstly, and also there is no apparent agreement other than a verbal one.

    Its a very difficult situation.
 
 
 
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