Alex Submitted an Order for 'Chinese Vegetables Known Locally as Pak

question 8

Multiple Choice

Alex submitted an order for 'Chinese vegetables known locally as pak choy', which John accepted. John asked his usual supplier Mark for assistance with procuring the pak choy and was told that the term was simply a colloquial name for vegetables originating from China. The parties thus agreed to a sale of pak choy over the phone, but subsequently formalised a written contract for the purchase of 'Chinese vegetables'. Upon delivery, Alex refused to accept the generic Chinese greens he received because pak choy actually refers to a specific type of vegetables. John wishes to bring a rectification claim against Mark in order to obtain the correct goods. Can he succeed?

• A) No, because his earlier conversations with Mark are not admissible as evidence in a rectification claim.
• B) Yes, because he can argue that Mark misled him as regards the information on pak choy, and that their oral agreement was for pak choy.
• C) No, because John and Mark agreed to a sale of Chinese vegetables and the written contract accurately reflected that.
• D) None of the options provided are correct.

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Definitions:

Lymphoid Neoplasm

A type of cancer that originates from the lymphatic tissues, such as lymph nodes, spleen, or bone marrow.

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Refers to cancerous cells that have the ability to invade and destroy nearby tissue and spread to other parts of the body.

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A unit of volume in the metric system, equivalent to one thousandth of a liter, often used in medicine and cooking.

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