On 1 March Bertha agrees to buy 100 bags of potatoes from Susan. The price is Â£200 and it is agreed that Susan will deliver the potatoes in one monthâ€™s time, when she has herself bought them from a farmer. Bertha pays Â£20 of the price in advance. She is given credit as regards the rest of the price, which is to be paid on 1 September.
(a) Where would the place of delivery of the potatoes be?
(b) What would the legal position be if Susan did not deliver the potatoes on time?
(c) What would the legal position be if Susan delivered 120 bags of potatoes, instead of 100 bags?
(d) What would the legal position be if Bertha made it plain that she was not going to take delivery of the potatoes or pay for them?
(e) If delivery was to be made in ten instalments, what would Berthaâ€™s position be if the second instalment contained many rotten potatoes?
(f) If no price had been fixed, would there be a contract? If so, how would the price be fixed?
(g) What remedies would be available to Bertha if she took delivery of the potatoes and stored them and, six months later, discovered that they had been rotten at the time of delivery?
(h) What would the legal position be if Bertha took delivery of the potatoes and immediately discovered that they were rotten?
(i) In what circumstances could Susan sue Bertha for the Â£180 of the price which had not yet been paid?
(j) Is Susan an unpaid seller?
(k) Would Susan have a right to a lien? If Susan did have a right to a lien, what would this right amount to?
(l) In what circumstances would Susan have a right to stop the goods in transit? How would she do this and what would the effect of doing it be?
(m) In what circumstances would Susan have the right to resell the potatoes to a different buyer?
(n) If Susan delivered the potatoes to Bertha, what would be the effect of a reservation of title clause in the contract?