Commercial Law Assig

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Final Examination Question

Last Month Quentin lost his job working in the UNSW Law School photocopy room, and on his way home purchased a lottery ticket. He won big and bought a business, called Abdo ’s Diamond Cutting Works. Quentin places an order with Abdo ’s cousin in Damascus, Syria, Mussa, to buy 3 newest model diamond cutting machines at a price of $150,000 per machine “Delivered Duty Paid” at Darling Harbour, Sydney. (At the time of the order, Abdo only had one machine.) These cutting machines can only be purchased in Syria. Each new machine is to be delivered at Darling Harbour, Sydney, at the end of each month commencing June 2011. The Mussa Machines Ltd purchase order form that Quentin signs says in relevant part:
“13. Time is of the essence for payment.
14. Delivery must occur within 30 days of scheduled delivery dates.””
After delivering in June, Mussa tells Quentin that he will deliver no more machines. Mussa says that because Syria has cut off diplomatic relations with Australia because the Australian Government has unlawfully interfered in Syria’s internal affairs, and he has been ordered by the Syrian Government to deliver all goods destined for Australia to the Syrian Government stores in Damascus instead. He says that the Syrian secret police are already investigating him, and he cannot say any more about it.
Quentin does not want to pay for any of the machines at all. He tells you he has decided to keep using Abdo ’s old diamond cutting machine instead.
Quentin tells you also that last week, he realised he only needed one new machine and agreed with Harry Cohen of Cohen’s Diamond Cutting Emporium to sell the first two machines received from Syria to Harry. The price was $175,000 per machine. In May the going price for these exquisite machines was $195,000 (as opposed to $135,000 for the older models), so Harry though he was…...

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