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sash30 · Aug 9, 2008, 12:31 PM

Yates, a landscaping contractor, emailed an order to ABC Timber Ltd for a quantity of wooden posts of specified dimensions. The order stated that it was subject to the ‘conditions below’, one of which read, “Goods that are faulty or which do not comply with specifications shall be replaced free of charge by the supplier”. This order generated an automatic email reply from ABC Timber Ltd, which stated, “Thank you for your order which is receiving our attention”.

A few days after the above reply one of ABC Timber Ltd’s lorries arrived at Yates’ premises with his consignment of posts. Before unloading the posts the driver handed Yates two copies of the following delivery docket:

ABC Timber Ltd
Order No 1234
To Yates Landscaping
300 wooden posts, 3m x 13cm x 13cm
ALL CLAIMS MUST BE MADE IN WRITING WITHIN 3 DAYS OF DELIVERY OF THE ABOVE GOODS OTHERWISE NO LIABILITY WILL BE ACCEPTED

Yates signed the top copy and returned it to the driver who then unloaded the posts. A week later Yates discovered that a significant number of posts measured 3m x 10cm x 10cm. When he contacted ABC Timber Ltd and requested them to be replaced he was told that he was out of time and no liability could be accepted.
Advise Yates of his legal position.

Fr_Chuck · Aug 9, 2008, 12:49 PM

We do not do your home work, if you wish to post what you believe is the correct answer, we will give you opinons on that

sash30 · Aug 9, 2008, 01:37 PM

Hi.. yeh sorry I just needed some help on it I'm really stuck. I believe that mayb this could come under misrepresentation. Or mistake am not sure where to take it from??

Fr_Chuck · Aug 9, 2008, 02:08 PM

No think contract, offer and acceptance, where was offer, where was acceptance, what was the actual contract.

Remember law school type questions are phased so you can argue both sides, the buyer or seller.

sash30 · Aug 10, 2008, 05:59 PM

Yes I believ there was offer and acceptance taken place and when the documents signed a contract was made. But to advice him on his legal position do you think that maybe he could claim liability under the sale of goods act. Because the answer has to be more than offer,acceptance...

sash30 · Aug 10, 2008, 06:00 PM

Originally Posted by Fr_Chuck

no think contract, offer and acceptance, where was offer, where was acceptance, what was the actual contract.

Remember law school type questions are phased so you can argue both sides, the buyer or seller.

Yes I believ there was offer and acceptance taken place and when the documents signed a contract was made. But to advice him on his legal position do you think that maybe he could claim liability under the sale of goods act. Because the answer has to be more than offer,acceptance...

LisaB4657 · Aug 10, 2008, 07:16 PM

Carefully read the first paragraph of your question. That paragraph contains the terms of the contract.

Now read what was written on the delivery docket. Did that conform to the terms of the contract? If not, was it a modification of the contract? If so, was it accepted?

sash30 · Aug 11, 2008, 08:28 AM

Originally Posted by LisaB4657

Carefully read the first paragraph of your question. That paragraph contains the terms of the contract.

Now read what was written on the delivery docket. Did that conform to the terms of the contract? If not, was it a modification of the contract? If so, was it accepted?

The first terms stated that the good would b replaced but then when they were given the order to sign that stated they had 3 days to reurn fault goods other wise no liabilty... but then a week later they decided to claim there goods back...

Is it now that they cannot claim anything because when they signed they agreed to the terms and conditions? Forming a contract? It can not be a counter offer?

LisaB4657 · Aug 11, 2008, 09:02 AM

Originally Posted by sash30

the first terms stated that the good would b replaced but then when they were given the order to sign that stated they had 3 days to reurn fault goods other wise no liabilty....but then a week later they decided to claim there goods back...

is it now that they cannot claim anythin because when they signed they agreed to the terms and conditions? forming a contract? it can not be a counter offer??

That's the question. :) Now you have to pick a side and argue for it. Remember... learning the law is about learning how to make a convincing argument for either side of an issue.