Answer using IRAC METHOD
I. The noise and vibrations from the Axim Plastics Factory annoy all the residents of Park Road. One of the residents, Mr Evans, is particularly annoyed because on one occasion a piece of hot plastic waste material from one of the factory chimneys fell on to his house causing Damage to the roof Advise the residents and Mr. Evans. [25MARKS]
J. Phillipa appoint Andrew as her agent to sell a painting. She told him under no circumstances to sell the painting for less than $50,000, although she hopes to raise at least $60,000. Explain the legal position of the parties in each of the following alternative circumstances.
a. Andrew sells the painting to TB for $40,000.
b. Andrew buys the painting on his own for $50,000 and subsequently sells it on to TB for $75,000. [5marks]
c. Andrew sells the painting to TB For $50,000 and receives a commission of $5000 from TB. [25MARKS]
K. Explain in detail the ways in which an agency agreement can be terminated.
L. Consider whether there has been a breach of one or more of the implied circumstances or warranties under the Sale of Good Act in the following circumstances: [25MARKS]
a. Chinkuendo, buys pre-shrunk 100% cotton blouses only to have them shrink on first wash to a child size.
b. Desha buys a stereo from Mike on Monday, only to have it removed from her room by Harry, Mike’s older brother. The stereo that Mike had sold Desha belonged to Harry.
c. Laing bought a set of 16 glasses in Asia’s shop. The glasses were stacked two rows of eight in a large box and when Ding arrived home, she noticed that 2 of the glasses did not match the set. Ding did not examine the glasses at the bottom of box before she brought the set of