general terms cases

Question 1

Smith v Hughs facst

Answer 1

Mr. Smith gave Mr. Hughes a sample of his oats, which led Mr. Hughes to place an order. However, when the oats arrived, Mr. Hughes claimed they were not what he expected. As a racehorse trainer, he needed old oats for his horses, but the delivered oats were green and the same as the sample. Mr. Hughes then refused to pay Mr. Smith for the delivery and the rest of the order.

Question 2

smith v hughes issue

Answer 2

Can the contract be avoided by Mr Hughes, as Mr Smith had not delivered the type of oats he had expected?

Question 3

what was held in smith v Hughes

Answer 3

no the contract cannot be avoided by mr higher as Can the contract be avoided by Mr Hughes, as Mr Smith had not delivered the type of oats he had expected.

Question 4

what did an objective test release in smith v Hughes

Answer 4

An objective test revealed that a reasonable person would expect the sale of good quality oats in a similar contract, since there was no express discussion of old oats