Multiple choice

A timber merchant agreed to supply best teak at a certain agreed price to a builder. Later, the merchant supplied timber, which was identified as ordinary class of timber and demanded the payment from the builder. Which of the following statements is/are true?

  1. Builder can reject the goods and can claim damages

  2. Builder has to accept the goods

  3. Builder has to pay the price by taking the delivery of teak wood

  4. Timber merchant cannot plead the doctrine of caveat emptor

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A Correct answer
Explanation

Supplying ordinary timber when 'best teak' was agreed constitutes breach of contract. The builder can reject non-conforming goods and claim damages for breach. The merchant cannot use caveat emptor (buyer beware) defense as the specific quality was contracted.