Commercial Law: Sale of Goods - ASP2 Home Page - University of ...

Sample Questions
1 Shard contracts to sell to Beaker specific utility items of pottery, as previously seen by Beaker.
Unknown to either party, there has already been a fire at Shard’s premises. The heat of the
fire, combined with chemical elements from other burning substances, has melted the glaze on the
pottery and re-fused it in unique and beautiful colours and patterns. The pottery is now unusable
for practical purposes, but is of far higher value for ornamental use. Shard now claims that the
contract is void; Beaker insists that Shard perform it. Discuss.
(Wolverhampton LLB by Distance Learning Question.)
2 a Would it make any difference to your answer to the above question if the pottery was to have
been packaged by Shard ready for movement, and the fire had occurred after the making of the
contract but before the packaging was complete?
b Suppose that Shard had agreed to sell Beaker 100 jugs out of the next firing of a particular kiln.
In the event, the firing is faulty and only 50 jugs are produced. Discuss the parties’ positions.
(Wolverhampton LLB by Distance Learning Question.)