QUESTION 1 (13 marks) The following communications passed between Eddo Products Co a New Zealand business based in Auckland and Vestley Co a business based in NSW. 1. Letter posted on November 1 and received by Vestley Co on November 5 from Eddo Products Co: Please quote us price per tonne of canned mango fruit Grade B. 2. On November 6 Vestley Co replied by letter: We can supply canned mango fruit Grade B at $900 per tonne. Cans are in 50 gm 100 gm and 150 gm sizes and your order would consist of a fair distribution between these sizes. Delivery would be in equal monthly shipments commencing on February 2. This letter was received on November 12. 3. Eddo Products Co sent an email on November 13: Your offer to supply one tonne of canned mango fruit Grade B is accepted. Our formal order follows. This email was received on the same day. 4. On November 19 Vestley received an order form from Eddo Products ordering one tonne of canned mango fruit Grade B. The order form stated: Can sizes must consist of a fair distribution of sizes as specified by you in your letter of November 6. Printed at the foot of the order form was the following: All orders subject to the standard contract terms of the International Fruit Trading Association. 5. Vestley Co sent an email on November 16: Thank you for your order. We note your acceptance of our terms. The email was received on the same day. You are required to discuss the following: a. Is there a concluded contract between the parties? 9 marks for discussion of the legal significance of each of the communications. b. If there is a concluded contract what are the terms of that contract? 4 marks In your answer state the legal effect of each communication. You are to assume the law of NSW applies. Refer to relevant legal authority in support of your answer.
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