Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-lnqnp Total loading time: 0 Render date: 2024-12-22T20:08:36.058Z Has data issue: false hasContentIssue false

Case 4 - Animal Waste

Published online by Cambridge University Press:  11 February 2021

Get access

Summary

Guy is the director of ‘Meat ‘n’ Bones’, a meat processing company. Bernard runs a professional animal farm. Guy and Bernard conclude a contract according to which Bernard will supply Guy every week with 5,000 kilos of meat products, described in Clause 14 as ‘animal waste and animal carcasses intended for human consumption’. Both agree that six months after concluding the contract, Bernard will start making his weekly deliveries. Six months have passed, and Bernard has by now delivered his first shipment of 5,000 kilos of meat products. However, Meat ‘n’ Bones refuses to pay Bernard the full purchase price that they initially agreed on. Guy explains that between 2,000 and 2,500 kilos of the delivery consists of animal waste that is not intended for human consumption, which he says is useless to the operations of Meat ‘n’ Bones. This, Guy maintains, is contrary to Clause 14, in which the qualification ‘intended for human consumption’ applies to both ‘animal waste’ and ‘animal carcasses’. Bernard is baffled. He understands Clause 14 to mean that the qualification ‘intended for human consumption ‘ only applies to ‘animal carcasses’ and not also to ‘animal waste’. To him, Clause 14, therefore, includes all animal waste: both waste intended for human consumption and waste that is not. Moreover, Bernard is able to show that immediately after the conclusion of their contract, Guy had contacted Bernard, informing the latter that he filed a request for a government permit to store and process animal waste not destined for human consumption at the Meat ‘n’ Bones plant, including animal protein, rendered fats and pet food. Additionally, Bernard can also present evidence showing that days before he delivered the first shipping, Guy's request was denied. The fact that Guy filed this request, Bernard argues, shows that Guy had the same understanding of Clause 14 as Bernard had.

Assume that the language of Clause 14 is ambiguous. Also assume that the fact that Meat ‘n’ Bones filed and informed Guy of the request above shows that Guy shared Bernard’s interpretation of Clause 14.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×