Commercial Law case study Example | Topics and Well Written Essays - 1500 words

Commercial Law - Case Study ExampleIt did not lead Rein AJ to interrogative sentence the general veracity of the plaintiff.(c) The defendant in his affidavit verbalize nothing about having received an vortex from the plaintiff for $150,000 (the plaintiff on his evidence made no such offer in the mobilize conversation). It was not put to the plaintiff that he had made an offer to the defendant or that the defendant had spurned it. The defendant swore in the witness box however that it had been said in an answer in jump examination. Given that that was his explanation for why the plaintiff was not entitled as highest bidder, Rein AJ found his chastisement to refer to it in his affidavit surprising and his evidence on this point difficult to accept.(d) The plaintiff said that when he spoke to the defendant, the defendant told him that the Wirraway had a current airworthiness protection. The defendant when cross examined on this said that the airworthiness certificate had expired in July 2006. He said he did not recall if he told the plaintiff that in that location was a current airworthiness certificate.(e) The defendants version of events, which involved him saying that he would not agree to sell the aircraft unless the emptor inspected it, is not credible and particularly so since he listed the aircraft on eBay for sale without any indication that the vendee should inspect first.(f) Further the defendant had also listed the Wirraway on the Buy now section of eBay for $275,000, and claimed that had anyone clicked on that he would not have sold if the Wirraway had not been inspected (T40-T41), which further diminished his credibility.(g) The defendant himself had purchased many items (including Vintage gondola car parts) on eBay and knew that he was entitled to the items when he had been the highest bidder, and Rein AJ found his assertion that he did not learn that he was committed to sell as somewhat surprising.Question 5The defendant argued there wa s no binding and enforceable agreement, what were the components of this argument (4 marks)The defendant accepted that both he and the plaintiff accepted, by clicking on an accept button, the terms and conditions of eBay but the defendants argument was that there was no binding and enforceable agreement as between the plaintiff and the defendant. To support his contention