Question

Paul is a dapper dresser. He always has virtually every item in his wardrobe hand- made. He decides he requires another few suits and attends the fitting rooms of Bim and Bam. He selects a fine wool suiting and is measured by their apprentice tailor. As is customary he pays Bim and Bam first; after some fitting he takes delivery of the suit. Paul finds that the cuffs which he has on the sleeves of the suit are an inch long. Paul always has them 5/8 of an inch long. He also found that the trousers have loops for a belt when his standard requirement is for buttons for braces; there are sundry other requirements with which he is unhappy. His niece Pauline is a failed law student and remembers a case in which the owner of a swimming pool which did not meet specification was obliged to accept it and claim damages. She tells her uncle that the same principle applies here. He comes to you to confirm Pauline’s advice; he wants to reject the suit and claim damages for breach of contract. Can he? Please advise. (20 marks)

Answer 1

AnsAnswer: Yes, he can.

Explanation: When purchasing a service or product, you may find yourself paying in advance for a product, and when given specifications about the product, they must be met by the retailer, or they would face legal consequences, be declared untrustworthy and a scam, and possibly lose a business license. The consumer payment for a swimming pool that was not of correct dimensions is not a liability of the consumer agreement, it is a fault by the producer.

Also, in the questions it mentions "a failed law student" which is a red flag in itself.