Walters, a grower of Christmas trees, contracted to supply Traynor with “top-qua
ID: 2499944 • Letter: W
Question
Walters, a grower of Christmas trees, contracted to supply Traynor with “top-quality trees.” When the shipment arrived and was inspected, Traynor discovered that some of the trees were not top quality. Within 24 hours, Traynor notified Walters that he was rejecting the trees that were not top quality. Walters did not have a place of business or an agent in the town where Traynor was. Christmas was only a short time away. The trees were perishable and would decline in value to zero by Christmas Eve. Walters did not give Traynor any instructions, so Traynor sold the trees for Walter’s account. Traynor then tried to recover from Walters the expense he incurred in caring for and selling the trees.
1.When is a buyer entitled to reject a shipment? Did Traynor have the right to reject the trees?
2. What are a buyer’s duties after rejecting goods? Did Traynor comply with the rules for merchants?
Explanation / Answer
1)A buyer is entitled to reject the shipment if the goods are not of the same quality as that contracted or are not in accordance with the sales agreement.
In the given , since ,Walters, contracted to supply Traynor with “top-quality trees" so Traynor have the right to reject the trees which are not of TOP Quality.
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2)Buyer's duties is to return the goods in the same condition to the seller within a reasonable time.In case of perishable goods buyer must take the permission of the seller to sell the goods on behalf of the seller.
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In the given case since Walters did not give Traynor any instructions, so Traynor sold the trees for Walter’s account.Traynor was correct in doing so because it is the sellers responsilbility to inform the buyer whether to sell the goods or not (Perishable Goods).
Yes, Traynor comply with the rules for merchants.
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