Question

Question 4

Alan is the manager of a boy band named “Funky Rock” and required the following equipment for the band before their next concert.

1. ONE (1) sound mixer-Yamaha CL series console that deliver naturally superior sound plus a comprehensive range of “colouring” options that give the sonic craftsmen who will use them extraordinary creative freedom. Where the signal processors provided are plentiful and of the highest quality
2. 5-DM-105-Yamaha Dynamic Wired Microphones

Alan believed that Yamaha, products were best suited for the band, as the sound equipment would be used over a long period of time during rehearsals and the live shows and needed to be of the highest quality.

Alan visited the closest Yamaha shop, but unfortunately, they did not have the equipment in stock.

Alan then went to Dumbo Musical, another music shop and inspected the sound equipment, on display in their showroom. The equipment looked very much like those advertised by Yamaha. Alan specifically mentioned that the products must match up with what he saw in the show room and that all the sound equipment was to be of professional standard, and able to withstand long hours of use, especially the sound mixer. Later, the same day Alan signed a contract with Dumbo Musical. Dumbo Musical agreed to deliver the items in a week. As they had to get the new stock from their stores.

The next week as scheduled “Funky Rock” made their way to the open -air theatre, where they were giving a matinee show in aid of charity. They unpacked the microphones as they set up their act and found that they were not in working order. As they were setting up, the sound mixer, also malfunctioned.

Advise Alan and “Funky Rock”, what action they can take against Dumbo Musical under the Sale of Goods Act 1957.

Answer 1

Alan can take action against Dumbo Musical under the Sale of Goods Act 1957 on the implications of the Act which are as follows:

- Satisfactory quality- The goods should meet the satisfactory quality standard of a reasonable person when sold by a seller to the buyer. Here the products were not of the required quality due to which they did not function properly at the concert. Hence Alan can raise this point against Dumbo Musical under the Sale of Goods Act 1957.

- Fit for purpose- In this implication, the buyer should make clear to the seller about the purpose of purchasing the goods. Here Alan specifically mentioned that the products must match up with what he saw in the showroom and that all the sound equipment was to be of a professional standard, and able to withstand long hours of use, especially the sound mixer. Hence Alan can sue the seller for delivering products that were not fit the purpose and did not function at the show.

- Model, sample and installation- The good delivered should match the model and sample displayed to the buyer while making the deal. Here Alan inspected the product and its functioning at the showroom and convinced by it ordered the smilar model which Dumbo Musical failed to deliver hence the case can be put against them.