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Alan is an avid drinker and loves to try out exotic alcoholic drinks. He went to a liquor store in upscale downtown and looked at a few different types of vodka. The salesperson, Ben, showed him those drinks and explained the backgrounds between them. Alan insists in only drinking Russian vodka and made known to Ben that he will not accept vodka manufactured in any other countries. Ben assured that the bottle that Alan is holding is distilled in Russia, and Alan purchased 3 bottles of the same. Ben issued Alan with a receipt with a statement on it saying that Products sold are not refundable nor the seller responsible for the safety of the products. The next weekend, Alan entertains his close friends with the 3 bottles of vodka, and they are down with severe diarrhea thereafter. Subsequent checks found out that these vodkas are bootleg (illicit) drinks. 1. Explain the elements to the formation of the contract between the parties. (10 marks) Q2. What statutory provisions are Ben contravening under the Sale of Goods Act (SGA)? (10 marks) Q3. Discuss the validity and enforceability of the statement printed on the receipt. (10 marks) Q4. Can Alans friends pursue liability with Ben under contract? If yes, what are the provisions for recourse? Otherwise, suggest an appropriate cause of action. (10 marks)
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