Case 11 Sale of Goods - 2012

Thompson exported from Thyborn Port, Denmark fish to southern Europe. The
accountancy (bookkeeping) in Thompsons company as done by aid of a simp!e rather
ne computer (Pentium ""). E#en this computer had more than sufficient capacity to run
the rather simp!e accountancy tasks of the company, Thompson !ooked out for a neer
and more poerfu! computer e$uipment.
%ctober &
st
'(() Thompson read in *Der +ordschleswiger, an ad#ertisement inserted by the
computer company ,P- Poer ./,, 0!ensburg. The ad#ertisement read1
The ne generation of the specia! poerfu! computer 2 Pentium """ 2 is no for sa!e at the
market at a specia! price. 3e de!i#er across 4o!stein, 5ch!esig and Denmark ithout any
costs for you. 6y buying screen and hard disk together you i!! get &( 7 discount.
8ater same day Thompson ordered by phone at P- Poer ./ a &) inch co!or screen and
a Pentium """ hard disk 2 both of the "ta!ian brand *-apisco,. +orma! !ist price for screen
and hard disk as respecti#e!y 9.((( D:: and '&.((( D::. "mmediate!y after the phone
ca!! Thompson recei#ed an order confirmation on a fax. The order confirmation precise!y
describing the screen and hard disk read1
De!i#ery immediate!y at your company address. Purchase price D:: ').(((
(discount ;.((( deducted) to be paid at !atest ;( days after de!i#ery.
+o#ember '
nd
a carrier de!i#ered a screen and a hard disk at Thompsons company
address. 6oth parts ere marked in accordance ith the agreed specifications.
"n the eeks after the gear orked unexceptionab!e. The o!d gear Thompson put on a free
desk here it as p!aced as spare (reser#e) e$uipment.
5unday +o#ember ''
nd
Thompsons ''year o!d son Eric studying computer science at
5D< #isited Thompson. Thomson proud!y shoed his ne computer to the son. "n the
next coup!e of hours Eric as *p!aying, ith the to computers. .fter some in#estigation
Eric disco#ered that the ne computer as =ust a !itt!e bit more poerfu! compare to the
o!d one. Eric to!d his dad that the ne computer had amp!e capacity for the accountancy.
%n the other hand the ne one cou!d impossib!y be a Pentium """, hich ou!d be doub!e
as poerfu! as the o!d Pentium "". The information made Thompson furious.
+o#ember ';
rd
in the morning Thompson dismant!ed the ne hard disk, hich he shipped
by the !oca! carrier to P- Poer ./s company address in 0!ensburg.
"mmediate!y after shipping off Thompson on fax to P- Poer ./ announced that he
cance!ed the purchase for not being contractua!, and that the promised discount D::
;.((( ou!d be deducted from the D:: being the norma! !ist price for the screen.
During the transportation to 0!ensburg the proper!y rapped hard disk got a punch
damaging the spring inside the disk dri#e.
&
Case 11 Sale of Goods - 2012
+o#ember '>
th
Thompson recei#ed a fax from P- Poer ./ stating that the returned hard
disk as a Pentium "" rong marked by the "ta!ian manufacturer. P- Poer cha!!enged,
hoe#er, that Thompsons cance!ation as =ustified. The reasons ere that Thompson
had comp!ained too !ate, that the hard disk as damaged to such a degree that repair
ou!d cost D:: '((, that the hard disks #a!ue as reduced by D:: ?.((( as it on!y cou!d
be so!d as second hand, that Thompson before cance!ation shou!d ha#e pro#ide chance
for P- Poer to re@de!i#er, and that cance!ation cou!d not be made for the hard disk a!one.
P- Poer c!aimed compensation for the transportation damage (D:: '(() and for
reduced #a!ue (D:: ?.(((). 0ina!!y Thompson c!aimed compensation D:: ?(( for the
usage Thompson had had using the hard disk ti!! the cance!ation.
P!ease consider the parties positions.
Ae!e#ant here are 5a!e of /oods .ct section ;, ?, ?9, >', >), and >B. 3hyC
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