) CXC past paper May/June 2003 (General) Question 5.
The following information appeared in a daily newspaper.
Property Services, No. 56 Newpark Saletown
Public Auction Sale
On January 25, 2002 at 10:00 a.m.
I will offer for sale on the date and at the place mentioned above the following vehicle: One l999 Toyota Mini Bus
Terms of Sale:
• Strictly cash on the fall of the hammer.
• Vehicle on view on the morning of the sale.
• Vehicle will be sold as is where is.
– John Brown, Auctioneer.
Tom Phillip who lived 20 miles away, drove to the address on the date specified with the intention of purchasing the minibus.
On arrival, he was told by the auctioneer that the minibus was no longer available and was removed from the items to be auctioned.
Tom Phillip became furious, threatened to sue for breach of contract and demanded a refund of his traveling expenses
(a) Define the term ‘contract’. (2 marks) (b) (i) By attending the public auction
sale, did Tom Phillip accept a firm offer? (1 mark)
(ii) Give ONE reason for your answer in (b)(i) above (2marks)
(c) What do you understand by ‘vehicle will be sold as is where is’? (2 marks)
(d) (i) Define the term ‘breach of contract’. (2 marks)
(ii) State ONE way in which a court may settle a breach of contract.
(e) State TWO ways by which a contract can be terminated or discharged (4 marks)
(f) (i) Should John Brown refund Tom Phillip’s traveling expenses? (1mark)
(ii) Give ONE reason for your answer to (f)(i) above. (2 marks)
(g) (i) Advise Tom Phillip whether he will succeed in court against John Brown. (1 mark)
(ii) Give ONE reason for your advice in (g)(i) above. (2 marks)
Total 20 marks