Douglas is a supplier of computer equipment. The Tolley’s Computer School (TCS) decided to purchase some computers, as replacements for existing ones

Facts: 

Douglas is a supplier of computer equipment. The Tolley’s Computer School (TCS) decided

to purchase some computers, as replacements for existing ones, for student use on their

premises. TCS begins a new teaching term every March and September. Therefore, in May

2021, TCS agreed to purchase 100 computers from Douglas on, inter alia, the following terms:

(i) Each computer must have 2TB hard drive, 16GB Memory and processing speed of at

least 4.2Ghz;

(ii) The computers must have been assembled in Japan;

(iii) Delivery of computers to be made by 1 September 2021;

(iv) Furthermore, “It is a condition of this contract that the said computers shall be delivered

in brand-new condition.”

Question 1: Consider each of the following alternative situations:

(1a) The computers are not delivered by 1 September 2021. Despite several reminders by TCS

they are still undelivered by 14 September 2021. Advise TCS.

(1b) In July 2021, Douglas contacts TCS to inform TCS that Douglas will not be able to deliver

on time. (TCS learns from other sources that Douglas is on the verge of insolvency.) The

contract obliges payment to be made by TCS on 1 August 2021, in advance of delivery.

Advise TCS on their legal options. If TCS did nothing upon being informed of this, and it is now 2 September 2021, what is

your advice to TCS at this point?

(1c) Suppose that on 1 September 2021, the computers arrive but their exteriors have scratches

on them. TCS also discovers that they were assembled in Thailand, and have processing

speeds of 3.2Ghz. Advise TCS.