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Reducing price to non conformity

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Reducing price to non conformity

  • This topic has 3 replies, 2 voices, and was last updated 4 years ago by AvatarMikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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  • March 31, 2022 at 11:03 am #652399
    AvatarAnonymous
    Inactive
    • Topics: 65
    • Replies: 117
    • ☆☆

    Dalg Co contracted with Vincent Co under the UN Convention on Contrads for the international Sale of Goods to deliver 100 items. When the items were delivered it was found that 30 were significantly damaged and unrate

    Which TWO of the following remedies are available to Vincent Co?

    1.Return the 30 damaged items and require them to be repaired

    2.Return the 30 damaged items and require 30 substitute items to be delivered instead

    3.Return the 100 items and declare the contract avoided

    4.Keep the 100 items and only pay 70% of the contracted price

    1&2 is correct but why is 3&4 incorrect he can return and declare avoided since they were significantly damaged

    April 1, 2022 at 5:01 pm #652532
    AvatarMikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23368
    • ☆☆☆☆☆

    One has to give the supplier a reasonable opportunity to rectify the breach. If the damaged goods are not replaced or an acceptable substitute offered, then its potentially the case that the buyer could treat the contract as avoided

    OK?

    April 10, 2022 at 6:06 pm #653011
    AvatarAnonymous
    Inactive
    • Topics: 65
    • Replies: 117
    • ☆☆

    Thank u so much sir

    April 10, 2022 at 8:24 pm #653027
    AvatarMikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23368
    • ☆☆☆☆☆

    You’re welcome

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