Moot
Sunday, 16 March 2008
May it pleases your Ladyship, as you have heard, my name is Kho Sze Jia, in this matter I appear on behalf of the respondent, Sugar Superstores Limited and I’m assisted my learned colleague, Miss Low Sher-lynn.
It will be submitted that the appeal should be dismissed on the grounds that the scratch did not amount to a breach of implied term of satisfactory quality. There are four submission that I shall deal with in return.
They are first, that all the relevant circumstances including the price and description of the goods are to be taken into account in determining whether the goods supplied were of satisfactory quality.
Second, that the scratch was clearly such a minor blemish and the fridge is still able to perform its primary purpose.
Third, if a buyer examined the goods before the sales or contract and the examination reveal certain defects, then the implied term of satisfactory quality does not apply to the goods in relation with the defects.
And, finally the standard of satisfactory quality of a fridge which is bought at a half price and a discontinued model should not be as the same as the level of expectation for a fridge which is bought at a full priced new range model.
My lady, may I now deal with my first submission?
I would like to draw your ladyship’s attention to s.14 (2A) of Sales of Goods Act 1979 which is available at page 6, of the Respondent’s Bundle of Authorities, I would submit that the said fridge is of satisfactory quality because the Appellant is aware that the fridge she has bought is a discontinued model and that parts would be hard to find to replace. Therefore, any reasonable person would accept that a discontinued fridge at half price could have a scratch as long as it is still able to perform its primary purpose of keeping the food cool......
szejia.com. ALL RIGHTS RESERVED 2008.
Assessment for Moot*- 19th March 2008
Final Examination starts 5th May 2008
I would not ask for more time.
But I will ask for
me, myself to be more and more dedicated and hardworking in this period of time.
Good luck to me.
posted by Sze Jia @ 7:23 pm,
3 Comments:
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At 16 March 2008 at 21:04,
S said...
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Goodluck!!
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At 17 March 2008 at 19:57,
Shyang said...
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大人啊，大人！
救命啊，
我是冤枉的....
i tot like tat one? -
At 17 March 2008 at 21:38,
said...
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good luck to u bro
ur blog inspires me
haha (:
