Anita runs a business selling freshly-cut flowers and has customers in several countries. She ensures that the UN Convention on Contracts for the International Sale of Goods applies to all of her contracts.
Anita recently entered into the following contract:
i)A contract to supply Barbara with 100 bouquets of pink flowers on 30 April at a price of $10 per bouquet. In April, Anita had an excess supply of pink flowers and delivered 200 bouquets on 15 April.
Which of the following statements concerning the contract with Barbara is correct?
a) Barbara is entitled to reduce the price she pays for any bouquets that she accepts due to Anita s non- conformance with the terms of the contract
b) Barbara is only obliged to accept 100 bouquets of pink flowers
c) Barbara must take delivery of the pink flowers on 15 April
d) Barbara may claim damages for any losses incurred if she accepts early delivery (answer given)
My question is why b) is incorrect? does this word "obliged" mean she only can take 100 bouquet, cannot more than this qty?
ACCA Forums
LWUN Convention on Contracts for the International Sale of Goods (UNCCISG)
Basically it means she doesn't have to accept more than one hundred. She has the option to take more but does not have to take more as contract agreement was for one hundred. Hope this helps.
Thanks for your info. Why B is incorrect? (the answer given is D).
Does "B" mean Barbara cannot accept more than 100 bouquets?
I think in the case of excess delivery, article 52 states it can be accepted at the contract rate. I am not certain why this is wrong. Of course in the above example, there is both early delivery and excess delivery at same time.
Surely b is incorrect because the early delivery pre-empts Barbara being OBLIGED to take 100 bouquets
I think your analysis is right in terms of the early delivery. They can accept or reject the delivery.
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