Commercial Contract Law discussion

The examination at hand concerns two parties who are in a scenario that requires legal action. Most of the facts presented in the statement are tenable and give rise to difficulty, and this requires an answer that is not conclusive.

Jerry bought two items from Nosh With Notions, a Hipster Cook (HC), and a box of new champagne glasses under the legal title: s. 71(1) (a), Sale of Goods Act 1983. He intended to use the cooker at his gastropub and the champagne glasses for a birthday party. The goods delivered were not what the buyer was after, and pers. 14 (6), Breach of Contract and Termination, he had the right to reject the goods till they were in good terms per s. 27 of the Sale of Goods Act. Jerry asked for a refund even though the delivery was early because per (Law Com, Working Paper, Sale and Supply of Goods, No. 85, para 283, [1994] LMCMP525, Mak, ‘The Seller’s Claims to Cure Defective Performance’), a consumer can annul the contract even when the transfer was early. There would be time for the dealer to cure the defects before the due date for delivery under the contract.

Don't use plagiarized sources. Get Your Custom Essay on
Commercial Contract Law discussion
Just from $9/Page
Order Essay

There is, however another judgment, that the buyer cannot terminate the contract in cases of early delivery, there being no technical breach yet, so the buyer must allow the seller to cure the goods if he offers and then re-deliver. This scenario is mentioned in Phillips v Free and Hollis[1] and Lancashire Insurance Company Ltd v M.S. Frontier Reinsurance Ltd[1]. ‘If the time for delivery has not expired, the seller is still entitled to make a fresh tender which conforms with the contract, in which even the buyer is bound to accept the goods so tendered’ (Lord Goff, 399).

Jerry’s following action is determined by how well he knows and trusts NWN as a customer. If a seller’s right to cure an early tender, it will not apply if the early delivery was unsatisfying. There are cases where there is a significant breach that the buyer loses confidence in the seller or when the initial tender is so close to the deadline for performance; there is no time to fix the time perch problems. 14 Commercial Law[2]. Section 15 of the SGA provides that unless agreed to the contrary in the contract, the buyer cannot reject the goods if the seller proves that the buyer is a no-consumer and that the breach is so slight that repudiation is unsubstantiated. Jerry wanted Waterford Crystal champagne glasses, but the Waterford Hertfordshire stock was delivered instead, so there were a Performance and Breach.[3], he was also aware that if NWN were to replace the goods, it would be well after the delivery time.

The buyer can lose the right to reject the goods by ‘Acceptance’ through either acceptance by an intimation as per ss. 35(1)(a) and 35(2)(a) of the SGA or approval by inconsistent act where the buyer should not act in a way which is incompatible with retaining a right to reject, i.e., in a way that makes it appear that he would never think of returning the goods. Acceptance by the inconsistent act is mentioned in the Kwei Tek Chao v British Traders & Shippers Ltd.[4]. Another instance of this would be the Mechan & Sons Ltd v Bow, McLachlan & Co Ltd[5] although this might not always be conclusive, as it might only be when the goods are so incorporated, it could become clear that they are defective.

Giving the seller a chance to repair the goods does not necessarily amount to an inconsistent act, as explained in s.35 (6) (b) of the SGA. It is taken as acceptance of the repair ends up being successful, and this might suggest that the buyer has no intention of later rejecting the goods. Acceptance by the inconsistent act is also mentioned in Ritchie v Lloyd.[1] The seller should respond to the buyer’s request to be notified of the defect’s definite nature and what had to be done to repair it. Such action will help the buyer make a good choice between acceptance and rejection.

In this case, a separate implied term is imposed on the seller requiring him to communicate about the repair’s progress to the buyer. If the seller is uncooperative about the repair, the buyer is then entitled to reject the goods.

There is also ‘acceptance by lapse of time’ where the buyer retained the goods without informing the seller that he has rejected them per s. 35(4) of SGA. The court should consider whether the buyer has had a reasonable opportunity to examine the goods to see if they conform to s.35 (5). The ‘reasonable opportunity is determined by considering the circumstances in s. 59 and the seriousness of the defects. The reasonable time will sometimes stop if the buyer is seen partly at fault in introducing new defects that had not been mentioned initially, as seen in Jones v Gallagher.[2]

In the Bernstein v Pamson Motors[3] case, a car had been delivered to the buyer three weeks before the said rejection, and Rougier J, the Judge said:

‘In my judgment, the nature of the particular defect discovered ex post facto, and the speed with which it might have been discovered, are irrelevant to the concept of reasonable time in s. 35 as drafted’.

The initial glass dispute between the two mentioned parties can be solved by s. 71(1) (a) of the Sale of Goods Act 1983, which helps identify a breach in any contractual terms during the selling of goods s. 27 of the SGA. The court, therefore, considers acceptance by inconsistent act by the seller as NWN will not be able to make the re-delivery on time, as also seen in Bernstein v Samson Motors.[1]. The right of rejection was used as there was no demand that the exercise of the right of repudiation should be subject to any theme of reasonableness. Jerry is therefore supposed to ask for a refund for the glasses

In the case concerning the H.C., the court should consider ‘acceptance by lapse of time’ as the buyer retained the goods without informing the seller that he has rejected them per s. 35(4) of SGA. The court should consider whether the buyer has had a reasonable opportunity to examine the goods to see if they conform to s.35 (5). The reasonable time stops if the buyer is seen partly at fault in the introduction of new defects that had not been mentioned initially, as seen in Jones v Gallagher[2]. Jerry is therefore obliged to accept the goods because he had a reasonable amount of time to examine the goods, and the dents and scratches on the H.C. appear to be apparent due to the buyer’s actions.

Q 2

Customer experience is now a driving brand, and consortiums are beginning to focus heavily on corporate social responsibility within supply and purchase chains. A company’s ethics are becoming evaluative differentiators in the global market. As organizations seek to strengthen their social value, they are building capital on traits like fairness, honesty, sustainability, and community. Companies are also searching for innovative ways to turn profits using socially and environmentally responsible methods.

Wanting to run a business with a higher purpose means that a person will always have to walk the talk. Their market placement, public identity, and growth potential will depend on their ability to consistently follow ethical standards for buying, partnering, and staffing. If a company’s mission contains an environmentally conscious charge to lower carbon footprint, the procurement team should focus on sourcing sustainable, non-toxic material from suppliers with similar values.

It is often buyers who engage with CSR, and businesses have policies to prevent slavery in the supply chain and promote sustainable sourcing. However, buyers need to have a comprehensive view of the supplier networks beyond the first tier to enforce CSR policies. This performance allows businesses to manage risk across complex supply chains and empower companies with information relating to whom they buy from and, in turn, who supplies their suppliers down the chain. Visibility and transparency are essential, as mentioned.

Solutions offered by CSR give clarity over who is in a buyer’s supply chain, show the potential points of failure, give information to support risk alleviation, tweak cognizance of how global events could cause disruption, and shows interdependencies in the supply chain. Businesses need to recognize the risks, but then visibility needs to be created that spreads across networks. Research from Achilles showed 40 percent of businesses buying only in the U.K. have no information on second-tier suppliers. Organizations need to map their supply chain and then ensure policies are in place to support continued visibility.

All this shows that working together can make what feels like a big task much easier, and some industries share the same suppliers, so there are opportunities to work collectively. Mr. Louis Olivie supports this thought. He claims that the best way to achieve social success in business is through a collaborative community, where businesses work together to split costs and time.


[1]  [1987] 2 All ER 220, [1987] BTLC 37

[2] [2004] EWCA Civ. 10, January 13, 2004


[1] [2007] UKHL 9, Times 08-Mar-2007

[2] [2004] EWCA Civ. 10, January 13, 2004

[3] [1987] 2 All ER 220, [1987] BTLC 37

[1] Commercial Law, McKendrick, and Goode, 5th edn, ch. 14

[2] Commercial Law, McKendrick, and Goode, 5th edn, ch. 14

[3] Comparative Remedies for Breach of Contract, Cohen et al., p. 237

[4] [1954] 2 QB 459

[5] [1910] SLR 650

Get Professional Assignment Help Cheaply

Buy Custom Essay

Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?

Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.

Why Choose Our Academic Writing Service?

  • Plagiarism free papers
  • Timely delivery
  • Any deadline
  • Skilled, Experienced Native English Writers
  • Subject-relevant academic writer
  • Adherence to paper instructions
  • Ability to tackle bulk assignments
  • Reasonable prices
  • 24/7 Customer Support
  • Get superb grades consistently

Online Academic Help With Different Subjects


Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.


Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.

Computer science

Computer science is a tough subject. Fortunately, our computer science experts are up to the match. No need to stress and have sleepless nights. Our academic writers will tackle all your computer science assignments and deliver them on time. Let us handle all your python, java, ruby, JavaScript, php , C+ assignments!


While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.


Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.


In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.


Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.


We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!


We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.


Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.

What discipline/subjects do you deal in?

We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.

Are your writers competent enough to handle my paper?

Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.

What if I don’t like the paper?

There is a very low likelihood that you won’t like the paper.

Reasons being:

  • When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
  • We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.

In the event that you don’t like your paper:

  • The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
  • We will have a different writer write the paper from scratch.
  • Last resort, if the above does not work, we will refund your money.

Will the professor find out I didn’t write the paper myself?

Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.

What if the paper is plagiarized?

We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.

When will I get my paper?

You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.

Will anyone find out that I used your services?

We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.

How our Assignment  Help Service Works

1.      Place an order

You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.

2.      Pay for the order

Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.

3.      Track the progress

You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.

4.      Download the paper

The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.

smile and order essaysmile and order essay PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET A PERFECT SCORE!!!

order custom essay paper

Place your order
(550 words)

Approximate price: $22

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
The price is based on these factors:
Academic level
Number of pages
Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Read more

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Read more

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Read more

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

Read more
error: Content is protected !!
Open chat
Need assignment help? You can contact our live agent via WhatsApp using +1 718 717 2861

Feel free to ask questions, clarifications, or discounts available when placing an order.
  +1 718 717 2861           + 44 161 818 7126           [email protected]
  +1 718 717 2861         [email protected]