Case 2: On 16th October 2017, En. Azam, a school teacher went to Alikhsan Koisk

Question

Case 2:

On 16th October 2017, En. Azam, a school teacher went to Alikhsan Koisk to buy 50 pieces of sport T-shirt for his pupils of Sri Iskander school. En Mohd Ariff, a manager of the kiosk showed him few samples of the sport T-shirt available. Azam specified to Ariff that he needs high quality T-shirts that has dry-fit material and suitable for both persons having sensitive and insensitive skin. Ariff suggested to take T-shirt under the brand of “Mitsokuku†since its material is very comfortable and fit to the specifications mentioned by Azam. Based on Ariff’s suggestion, Azam consequently placed an order to buy fifty (50) pieces of dry-fit T-shirt under the suggested brand at the price of RM 30 each. Fifty percent (50%) deposit was paid to Alikhsan Koisk and the balance was to be paid upon delivery which was agreed to be on 1st November 2017. Ariff issued him an invoice.
On 1st November 2017, the goods were sent to Azam at his school. Azam then tendered the balance of the payment for those T-shirts. His pupils wore the T-shirts nicely during the Sport Day held at school. However, 20 out of 50 pupils who wore the T-shirt suffered from serious rashes after 2 hours wearing it. They complained to Azam. Azam called Ariff and wished to return all T-shirts bought since Alikhsan Koisk failed to deliver the goods that fits to his specifications.

What is the nature of the contract?

What are the conditions is not fulfilled?

What are the missing elements En. Azam could have impose and he didn't do?

Explanation / Answer

Solution 1. Nature of Contract - Nature of the contract is a purchase contract wherein the customer and the seller has agreed to supply a certain number of T-Shirts on a specific day as described by the customer.

Solution 2. Conditions not fulfilled - The condition that the seller i.e. Alikhsan Kiosk did not fufill was to supply the T-Shirts of superior quality.

Solution 3. Missing elements in the contract - En Azam might have enforces a clause in the contract stating that the balance payment of 50% shall be made after the customer is satisfied with the performance of the products delivered and the products are of superior quality.

Related Questions

Navigate

• Browse (All)
• Browse C
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.