What the legal position between the parties would be under the Sale of Goods Act 1979 in the absence of these clauses and how these clauses change that position.

You have been consulted by Leon Anatidae on behalf of his company, Anatidae Farm Enterprises Ltd (“AFE”). AFE is a producer and supplier ofduck and goose products. It was set up in 2015 by Leon and his bother Yannis. Leon is the managing director and Yannis is the finance director.

It runs twoorganic farms in the North of England. It supplies a variety of customers with organic duck and goose meats. It mainly supplies supermarkets and other retailers.AFEhasfor some time now been looking to expand its operations andrecently purchased somefarm buildings for conversioninto amanufacturing facility to supply duck and goose by-products such as feathers and fertilisers.

The building work on the conversion of these buildings commenced six months ago.AFEhasbeen in negotiationswithDomexAgriculture Ltd (“Domex”) to supplyorganic fertilisers. Domex have traditionally sourced their fertilisers from the EU but worried by the uncertainty caused byBrexitover the last few months, they have been looking for an English supplier.These negotiations are now nearing completion.

 

As you are aware the negotiations between Anatidae Farm Enterprises Ltd (“AFE”) and Domex Agricultural Ltd (“Domex”) are progressing well.

1.Whether the clauses accurately reflect what has been agreed with Domex, and, if not, what changes you would seek to make to ensure that the clauses carry out theintentions of the parties.

2.What the legal position between the parties would be under the Sale of Goods Act 1979 in the absence of these clauses and how these clauses change that position.

3.Whether you would make any further changes to those clauses to better protect the interests of AFE.

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