The Student Room Group

Commerical Law- Help selecting cases and rules

" Rajeev, is an owner of Football Kit.Com, a large company specialising in personalised football kits. He is currently expanding his business into Leicester and he just moved into the new premises, in the process he ordered the following goods:
100 hundred football polyester jerseys.
6 clothing printing machines (weighting one tonne each).
5000 fabric stencils.
Football Kit.Com ordered all the goods from Active Textile Ltd, a new business supplier and paid a 40% deposit on all of the items at the time of the order.
a) Active Textile Ltd. had prepared the football jerseys for shipment by placing them in the containers and attaching the address and invoice for the attention of Football Kit.Com. Unfortunately, shortly after Active Textile Ltd has gone into liquidation and the goods have never been dispatched. They still remain at the premises of Active Textile Ltd, in their shipment bay.
b) A week before going into liquidation Active Textile Ltd. informed Rajeev that the printing machines were ready for collection from their business premises. However, when Rajeev got there, all six machines were bolted onto the floor. He was unable to move them and decided to return another day with proper equipment. Unfortunately, before Rajeev managed to return, the warehouse was flooded and the machines became rusty and unusable as a result. Active Textile Ltd, claims that the machines were a property of Football Kit.com, and therefore Rajeev should have insured the goods against the damage accordingly.
c) Two thousand stencils were delivered to Football Kit.Com at the time of Active Textile Ltd’s insolvency. However, it turns out that five hundred of the delivered stencils were dampened as a result of the flooding. The liquidator has also confirmed to Rajeev, that three thousand stencils matching the contract description, are still in the seller’s storage facility.

Advise Rajeev of Football Kit.Com on the relevant passage of property and risk issues."

Could you please advise me what rules and cases apply to A,B and C
A). have they been ascertained? find cases/statute, discuss and apply.

B). Has property passed and therefore the risk? find cases/statute, discuss and apply

C). Can you accept part delivery?
Ascertained/unascertained?
Potentially mention about bulk here.
Original post by james_law
A). have they been ascertained? find cases/statute, discuss and apply.

B). Has property passed and therefore the risk? find cases/statute, discuss and apply

C). Can you accept part delivery?
Ascertained/unascertained?
Potentially mention about bulk here.


Thank you James!

For C.) could you suggest what other rules apply besides s18 rule 5(1) and (2)?

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