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:

Production Function

This concept illustrates how varying amounts of input factors affect the level of production output, showcasing how efficiency can be maximized with certain combinations of inputs.

Output

The quantity of goods or services produced in a given time period by a firm, industry, or country.

Production Function

A mathematical model that describes the relationship between input resources and the output of goods or services produced.

Inputs

Resources used in the production process to generate outputs, including labor, capital, and materials.