SECTION A: 50 marks - Max 350-400 words QUESTION 1 Ken is the contractor for a house build. He has a dispute with NBG, a building materials supplier, regarding two orders. Ken had used NBG on one previous occasion. Ken's first order (made by phone) was for bricks. NBG acknowledged the order by email, and delivered the bricks late in the afternoon of 23rd December, as the last of Ken's crew was about to leave the site. No work was done on site from 24th - 26" (the Christmas holiday). The second order was for timber; Ken e-mailed this to NBG from home on Christmas Eve. On site on the morning of 27 December, Ken found that many of the bricks (stacked on pallets and bound with load tape) were either already cracked, or broke when handled. Ken phoned NBG at once. NBG's office told him, "the bricks were fine and it must be your workers' fault" Ken is sure that the bricks are defective and/or were mishandled by NBG's crane operator at the time of delivery, and told NBG this. NBG insisted that they were usable. Ken then told NBG he was cancelling his order for the timber. NBG said that wouldn't be possible, and that they had already posted an acknowledgement of Ken's order. Ken said, "I don't care what you've done, I'm cancelling the order, and I'm not paying for faulty goods": On 29th December Ken received NBG's order acknowledgment and invoice for the timber, postmarked on the 27 Ken has now looked at NBG's terms and conditions which appear on the back of all their invoices. These include the following clauses: 42. There shall be no contract between NBG and customer unless an order acknowledgement' is issued by NBG. 11. Notification by the customer of damage to goods must be made in writing within 3 days of delivery. Failure so to notify shall be conclusive evidence of satisfaction" NBG is demanding payment in full in respect of both orders. Consider Ken's legal position under the law of Contract