Explain the nature of the damages in this case

Assignment Help Other Subject

Reference no: EM133389798

Question: Andile buys a 3-piece lounge set from ABD furniture stores for R30 000. The store undertakes to deliver the lounge set at Andile's home in Acacia within 48 hours of the purchase. A week later, Andile still has not received the lounge set and not a word from the store either. Andile decides to call ABD stores to find out why the lounge suit has not been delivered and when he can expect delivery. The manager assures him that the furniture will be delivered within 24 hours. However, when the furniture was eventually delivered to his home, it was not the lounge set he ordered, but a different one that is worth only R20 000. There was a note that the lounge set he ordered was not in stock any longer, which is why a different set was delivered. Andile was very unhappy about this and refused to accept the lounge set that was delivered. He then went to EFG Furniture stores, which is in the same neighbourhood as ABD furniture stores and bought a different lounge set for R40 000. Now answer the question below:

The law requires the courts to consider the "market value" of the res vendita as a substitute for the thing sold in the event that the seller fails or neglects to deliver the thing. Explain the nature of the damages in this case. Also indicate how Andile's damages will be assessed.

Reference no: EM133389798

Questions Cloud

State five directions that a court may issue in terms : State five directions that a court may issue in terms of section 78(6) of the Criminal Procedure Act 51 of 1977 in respect of Mandla's successful

How can criminal records contribute to further inequality : How can criminal records contribute to further inequality? Criminal records of ex- offenders negatively skew their chances of getting a job because of their

Issue and concentrate on the tax issues : She has retained legal counsel with regard to complying with the Medicare rules in forming an ACO, so you may ignore that issue and concentrate on the tax issue

Difference between ideal and actual version of process : Define Process FMEA and give a relevant healthcare example. Explain the difference between the ideal and actual version of a process.

Explain the nature of the damages in this case : Explain the nature of the damages in this case. Also indicate how Andile's damages will be assessed.

What remedies are available to her : Mrs Sibanyone wants to sue Mr Mokaba for the harm sustained as well as the public humiliation endured. What remedy/remedies are available to her

Explain the last statement : Not any evidence can, however, be used for corroboration. Fully explain the last statement

Explain in as much detail as possible the requirements : explain in as much detail as possible the requirements for drafting a complaint in Michigan, including all MCR's concerning format and substantive requirements

How has the dominant society resisted efforts to create : Provide examples from the film. How have social movements advanced efforts for racial equity? Provide examples from the film. How has the dominant society

User Account

All Pages