Reference no: EM133531326

Mighty Meat Manufacturers (hereafter MMM) is a dealer in processed meat products. MMM's main place of business is in Johannesburg. MMM usually takes orders from owners of restaurants in Johannesburg. In May 2023, MMM took orders from the managers of three restaurants owned by Hungry Food Group. All three restaurants (restaurant managers) are regular clients of MMM and had last ordered vegan food from MMM in March 2023.

When the restaurant managers ordered processed meat products in May 2023, nothing was said as to prices. After delivery of the processed meat products to the three restaurants, MMM supplied each restaurant owner with a statement of the goods supplied, showing the prices of the various items.

The restaurant managers refused to pay MMM for the goods. They allege that the contract is invalid and that it does not constitute a contract of sale.

Questions

1. Is the contract in the set of facts, a valid contract of sale? if so, give details that are supported with reference to case law.

2. When does the ownership of the processed meat products delivered to the three restaurants pass from MMM to the restaurants? the answer must consider the nature of the goods and the position, if the sale is for cash and/or on credit.