Contract Breach And Misrepresentation

this is the question. dont answer until i say done

That Thursday night, * April, Charlotte decided to post the photos of the balloon dog shoes on TRNRS and she set the price at £*. Ivan, a trainee solicitor at the firm of Price & Platt in London, was sitting at his desk working that Thursday night (* April) and feeling sorry for himself because it was so late. He started scrolling through his phone and suddenly the image of the Joel Koons x Nike collab on TRNRS popped up. In his size! Ivan felt he deserved a treat and immediately pressed BUY. He was super excited. Charlotte got up Friday morning and saw that Ivan had ordered the shoes. She sent an order acceptance message right away, as her TRNRS reviews always commented on how prompt she was at responding. Her message included an exemption clause that the ‘seller is not liable if she does not have title to the shoes at the time of sale.’ She couldn’t believe it had all happened so quickly, so she messaged Tim on Friday, * April, to let him know.

Charlotte is a student at Oxford Headington University. In addition to working hard and attending her lectures, Charlotte has a side passion selling trainers online. She loves Nike Dunks and is an avid collector and well-regarded seller. She has a storefront on the app, TRNRS, and she is thrilled by the recent uptick in her business over the past year. She is now selling on average * pairs of trainers a month! On her hall in her student accommodation, Charlotte has made friends with Tim. Tim owns a brand-new, very cool pair of trainers from the rare collaboration between Nike and the artist Joel Koons, and the trainers have balloon dogs on them. Charlotte has been talking to Tim, trying to convince him to let her sell the shoes on TRNRS. Charlotte took a bunch of photos of the balloon dog shoes.

Tim wrote back on Monday, * April, that his brother had been to visit and, unbeknownst to Tim, had taken the shoes out of the box and worn them out to the pub. Tim’s brother had spilled red wine all over them and had gotten them so muddy that Tim had thrown them out. Ivan was getting really excited about his shoes and so he organised a party at the art gallery/wine bar next to his flat in Shoreditch for what he called a ‘shoecase’ – an event to showcase his new trainers. After work on Friday, * April, Ivan bought two cases of red wine for £* total and put down a non-refundable deposit of £* for the event, which was to be held the following weekend.

Charlotte wrote to Ivan on Tuesday, * April, and let him know that unfortunately the shoes weren’t available any longer. Charlotte sent him a link to a different pair of Nike Dunk x Joel Koons trainers, which weren’t in Ivan’s size and were £*. They also couldn’t ship for two weeks. Ivan was furious. He went to his mentor, Ben, an experienced solicitor at Price & Platt, and asked for advice about what he could do. Advise Ivan.

whats the best way to answeer this

with the following checklist: *) Have the parties entered into an agreement? *) If so, is it a sale of goods? a) Trader to Trader? b) Trader to Consumer? *) If there is a claim for breach of contract, is there an issue regarding a Term of the Contract? a) Is it an express or implied term? b) A condition? c) A warranty? d) An exemption clause? *) Is there an issue with a Representation? a) Was it a false statement of fact (Misrepresentation)? b) If so, was it innocent, negligent, or fraudulent? *) Was the contract frustrated? *) Is the party bringing the claim a party to the contract? a) Or is it a third party? *) What remedies or damages may be available?

the answer is should be *,* words

A sale of goods involves the transfer of ownership of goods from the seller to the buyer in exchange for a price.