Contractual terms past papers mark scheme

6* Sara, who owns a restaurant, has placed a number of orders with local traders. She

ordered ten salmon from Tom but was annoyed when ten trout were delivered. Tom

said that it was a usual term in the fish trade that if salmon were not available trout

could be delivered instead. This was correct but Sara had never heard of that term.

When Sara took delivery of a case of wine from Henri she signed a delivery note.

The note included a statement that any complaints about the wine had to be made

within five working days. The wine turned out to be undrinkable but Sara did not

discover this until two weeks after delivery.

Sara also placed an order with Bella, a baker, for 50 bread rolls to be delivered every

day. She was surprised to find that the deliveries were made at 1.30 in the afternoon,

too late to be used for lunch, which was when she did most of her business.

Advise whether Sara has a valid claim for breach of contract against Tom…