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Commercial Law

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Question:

What does Behrend & Co Ltd v Produce Bakers Co Ltd establish?

Author: Kuba Pastula



Answer:

That the buyer may reject the goods if the quantity is too little or too much this case involved the sale of several hundred tons of Egyptian cotton seed to be shipped from Alexandria to London on the Port Inglis and discharged into the buyer’s craft alongside the ship at London. Part of the quantity was discharged into the buyer’s barges, which were ready and willing to take the whole quantity. The Port Inglis then proceeded to Hull to discharge other cargo, before returning to London where she expected to discharge the rest of the cotton seed. The buyer, however, refused to accept this second delivery, and the King’s Bench Division held it was entitled to keep the earlier part-delivery but reject the second. Strangely enough, an attempt by the seller to deliver too much also entitles the buyer to reject the delivery.


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