Asked by Kimmy Mendivel on May 26, 2024
Verified
Mrs. Sydor took her car to National Automotive to have four new radial tires put on it. A copy of the order for tires of the appropriate size was sent down to the stock boy in the warehouse and he took down four tires, tied them together and taped the order to them, leaving them standing on the floor of the storage space to be picked up by the shipping person with her forklift. Workmen for the telephone company were digging a hole outside and ruptured a gas main which exploded, destroying the warehouse including the four tires. National Automotive says Mrs. Sydor must pay for them.
a. Identify the legislation which would clarify whether Mrs. Sydor is responsible for paying for the tires.
b. What do you think each party would argue in this case?
c. If the tires had been attached to the wheels of Mrs. Sydor's car which had been parked beside the service bay, and someone had then slashed the tires, would your answer change and why or why not?
Gas Main
The primary pipeline through which natural gas is transported to residential, commercial, or industrial premises.
Legislation
Laws that have been promulgated (enacted) by a government body.
Attached
Connected or linked to something in a legal, financial, or emotional manner.
- Assess the safeguarding provided for both the buyer and seller under the Sale of Goods Act during a sales transaction.
- Employ the rules of the Sale of Goods Act to assist parties navigating complex contractual conflicts.
Verified Answer
PS
PBRH SURAYA BINTI MISLANMay 28, 2024
Final Answer :
a. Sale of Goods Act.
b. Mrs. Sydor would argue that the tires had not been unconditionally appropriated to her contract since, if someone had mistakenly used those tires, neither party would have cared but would simply have taken four more off the shelf. Thus, she would argue, title had not passed to her and, since there was nothing in their contract saying otherwise, the loss falls to National Automotive.
National Automotive would argue that, once the tires were identified as being for her car (and tying them together with the invoice attached was sufficient to do so), they were unconditionally appropriated to her contract and title passed. She, therefore, is liable for the price.
c. It is clear here that the tires are unconditionally appropriated to the contract and, unless Mrs. Sydor can show that National Automotive was negligent in leaving the car where they did and that contributed to the injury done to her property, she will have to bear the loss herself. If National Automotive was negligent, she could set off against her payment the amount of the loss caused by their tort.
b. Mrs. Sydor would argue that the tires had not been unconditionally appropriated to her contract since, if someone had mistakenly used those tires, neither party would have cared but would simply have taken four more off the shelf. Thus, she would argue, title had not passed to her and, since there was nothing in their contract saying otherwise, the loss falls to National Automotive.
National Automotive would argue that, once the tires were identified as being for her car (and tying them together with the invoice attached was sufficient to do so), they were unconditionally appropriated to her contract and title passed. She, therefore, is liable for the price.
c. It is clear here that the tires are unconditionally appropriated to the contract and, unless Mrs. Sydor can show that National Automotive was negligent in leaving the car where they did and that contributed to the injury done to her property, she will have to bear the loss herself. If National Automotive was negligent, she could set off against her payment the amount of the loss caused by their tort.
Learning Objectives
- Assess the safeguarding provided for both the buyer and seller under the Sale of Goods Act during a sales transaction.
- Employ the rules of the Sale of Goods Act to assist parties navigating complex contractual conflicts.