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Law for Business Enterprise 1 Assignments.

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ew bakery business and she telephones Davina to ask her to supply her with 1000 kilos of icing sugar for £1000, which she needs immediately at the beginning of the following week.

Davina says she is happy to do this but she only has granulated sugar available, and will require £2,000 for the order. There is repair work going on in the bakery and Lila doesn’t hear her properly, but assumes Davina has agreed to her terms of the deal.

When Davina delivers the incorrect sugar, Lila decides that the granulated sugar can still be used, and takes delivery of those sacks instead. A bill of lading is included with the delivery which Lila does not read properly, but she still rings up Davina and says “Thank you for the delivery, I am pleased we reached a full agreement.”

Davina then requests the £2,000 but Lila refuses to pay, stating that they had contractually agreed a price of £1000, and that in any event, Davina had breached the contract first by providing granulated sugar.

Advise Davina on whether she has a claim against Lila.


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