Discuss the legal issues in the question?

Question

In January 2002, Sauri, a dealer in second hand equipment, took delivery of a consignment of electric typewriters and calculating machine. Ij view of shortage space at his iwn premises, Sauri decided that the consignment should be stored with Stow & Co. who had a warehouse for rent. The contract for the storage which Sauri signed, did not read, consisted a standard form supplied by Stow & Co. A duplicate copy of the form was given to Sauri and terms of the contract required him to produce the form before the goods could be release. A few days after depositing the goods Sauri met Kishi, a rival dealer, and boasted of his recent purchase and the growth if the business which has caused him to take up storage space with Stow & Co. The following day Kishi, being jealous of Sauri's business, sent his assistant , Danpara, to the Warehouse in order to fraudulently persuade the clerk in charge to release some of Sauri's goods. Danpara, who was not in possession of the necessary document, told the clerk that he had been sent by Sauri to collect four crates of equipment. Danpara was allowed to take the crates. Kishi then sold the goods to a dealer in Bukuru. Sauri, being unaware of Kishi's involvement in the matter is intending to sue Stow & Co. for breach of contract. Stow & Co. are refusing to accept liability on the ground that the standard form signed by Sauri contains the following cause:

"The company is not liable for the loss, mis-delivery, or damage to any articles where the value is ij excess of N500 unless at the time of deposit the true value and nature of the goods is declared by the depositor and an extra charge paid" Sauri had made jo such declaration. Discuss the legal issues raised in the above situation. 

 

Answer 1

Sauri should lodge a complaint in police station against Danpara for cheating and theft of goods from the godown. Make Stew & Co clerk as the plaintiff's witness in this case.

Answer 2

It is too a general question to identify particular legal problems. Legal issues are context-dependent. Give additional information about the topic or query to facilitate a fruitful conversation about legal matters  

Answer 3

Sure, I'd be happy to help. However, I need more context. Could you please provide the specific question or legal issue you'd like me to discuss?

Answer 4

The question is vague about the specific legal issues. For a comprehensive response, provide details about the context, such as the area of law or specific legal problems involved.

Answer 5

The legal issues in this situation involve contractual terms, liability for loss, and the fraudulent release of goods. Here's a breakdown:

Contractual Terms:

Sauri signed a contract with Stow & Co., and the terms of this contract were provided on a standard form.

The contract stipulates that the company is not liable for loss or damage to goods exceeding a value of N500 unless the true value and nature of the goods are declared by the depositor, with an extra charge paid. Sauri did not make such a declaration.

Breach of Contract:

Sauri intends to sue Stow & Co. for breach of contract. The central issue is whether the exclusion clause in the contract (limiting liability for goods over N500 without a declaration) is legally valid and enforceable.

Fraudulent Misrepresentation:

Kishi's assistant, Danpara, fraudulently obtained Sauri's goods by falsely claiming to be sent by Sauri.

Stow & Co. may argue that their liability is discharged as the goods were released based on fraudulent misrepresentation by Danpara.

Third-Party Involvement:

Kishi's role in selling the goods to a dealer in Bukuru adds complexity to the situation.

Sauri may need to consider legal actions against Kishi for the wrongful sale of his goods.

Legal Defenses:

Stow & Co. may defend their position by asserting that the exclusion clause was part of the contract, and since Sauri did not declare the true value, they are not liable for the full loss.

In summary, the legal issues involve contractual interpretation, the enforceability of exclusion clauses, fraudulent misrepresentation, and potential actions against third parties. It would be advisable for Sauri to consult with a legal professional to assess the specific details and determine the best course of action.

Answer 6

The legal issues in the scenario involve potential implications related to relationship agreements, consent, privacy, and any relevant laws regarding sexual behavior, depending on jurisdiction and the specific circumstances involved.