Blackwell's is one of the largest distributors of academic books in the UK. It entered into 3 separate Sale and Purchase agreements with Toyota Motors. Each contract was for the purchase of 1 limited edition "Pearl White" light commercial van for the price of 15,000. Toyota Motors agreed to deliver one of the ordered vans on 10/11/2021 and the remaining vans on 25/11/2021.

On 10/11/2021, Blackwell's accepted delivery of the van but it was later discovered that the brake system was faulty which resulted in a collision with another vehicle. The drivers of both vehicles sustained severe injuries.

On 24/11/2021, one of Toyota Motor's main warehouses was destroyed in an unexpected fire which destroyed all of its stock of light commercial vans. Fortunately, only one limited edition "Pearl White" light commercial van survived the fire without sustaining any damage.

On 25/11/2021, Toyota Motor's refused to deliver the undamaged van to Blackwell's.

1. Under English law, what type of contractual term did Toyota Motors breach by delivering a van with a faulty brake system? What remedies are available to Blackwell's?
2. Under English law, did Toyota Motors commit a breach of contract by refusing to deliver the last remaining undamaged van? If yes, what is the remedy available to Blackwell's?
3. Under English law, did Toyota Motors commit a breach of contract by failing to deliver the third van to Blackwell's? (2 marks)
4. Would your answers to a), b) and c) be different if UAE law applied?

Answer the above questions by applying general principles of contract law only (reference to Sale of Goods Act is not required).

Answer rating: 100% (QA)

Under English law a Toyota Motors breached an implied term of satisfactory quality by delivering a van with a faulty brake system The Sale of Goods Ac... View the full answer