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Business and Company Law in Hong Kong Assignment Lai Mai Hung, Faderlouis 81200011 Wishful Wine Ltd and Massy Wine Ltd have a contract in this case, and it occur four situations that will discuss on each. “The two parties agree to have the wine bottled and to deliver them in crates of 12 bottles, by four installments. ” which “crates of 12 bottles” and “by four installments” are constitute a condition. In the first installment, Wishful Wine Ltd is late delivery to Massy, and staff member of Massy found that is wrong quantity received one month later.

Since, Massy have find that is delivery wrong quantity after one month, refer to SOGO section 37(4) the buyer is also deem to have accepted the goods when after the lapse of a reasonable time he/she retains the goods without intimating to the seller that he/she has rejected them. Therefore, according to chapter 26 , section 32 Delivery of wrong quantity which the seller delivers to the buyer a quantity of goods less than he/she contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered, he/she must pay for them at the contract rate.

In this case, Massy Wine Ltd rate. In the second installment, Massy Wine Ltd is refuses to accept the delivery because they do not have space to store the goods. Refer to SOGO section 34(1), “Where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer. And SOGO section 39 “When the seller is ready and willing o deliver the goods and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract. Massy Wine Ltd may eed to take extract fee if they do not accept the delivery. In the third installment, the Wishful Wine Ltd is delivery the goods on schedule to Massy Wine Ltd, but Massy Wine Ltd is late for the payment because the cash flow problem.

Wishful Wine Ltd has unpaid seller’s rights SOGO section 41 Subject to the provisions of this Ordinance and of any enactment in that behalf, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods as such, has by implication of law-(a) a lien on the goods or right to retain them or the price while he is in possession of them; (b) in case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them; (c) a right of re-sale as limited by this Ordinance.

In the right of stoppage in transit, Massy Wine Ltd is unpaid situation. SOGO section 46 “Subject to the provisions of this Ordinance, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods as ong as they are in course of transit, and may retain them until payment or tender of the price. ” Massy Wine Ltd need to pay the payment then Wishful Wine Ltd cans revocation the stoppage in transit.

Business research

Identify and briefly summarize one article that covers current issues or news that are affecting your company. Do not write “The article by X said Y; use the articles as a source of research, incorporate the information you learned from the article, and cite to the article appropriately.
The company is Apple