Jake and Carly own Commercial Law Books, a shop in Kensal Rise that sells a broad range of educational books. Their major supplier is LawBooks4Me, a supplier to bookshops across the UK. 

One of Commercial Law Books’ best sellers is the Commercial Law Handbook, which typically sells 100 copies each month. Commercial Law Books usually orders 500 copies from LawBooks4Me at a time, once all existing stock has sold out (which is often every 4-6 months). 

These books arrive from LawBooks4Me in 10 boxes of 50 units, and when deliveries arrive, Jake or Carly tends to check one or two of the boxes to make sure that they have been sent the right books. Once stock has been replenished on the store shelves, the remaining boxes are then stored in a large, secure, leakproof cupboard at the back of the shop. 

The last order of 500 books arrived on 16 July 2022, before which point all existing stock of the Commercial Law Handbook had been sold. Jake checked two of these boxes at the time, and the books in those boxes were all fine.

On 12 December 2022, Jake needed to refill the shelves with more Commercial Law Handbooks. He randomly selected a box of 50 from the storage cupboard, opened it, and discovered that the books in that box were severely damaged. Most of the books had pages that were covered in red ink (which obscured much of the text), and some books also had pages that fell out as soon as those books were opened. The books in this box were unfit for sale. Jake then checked the other boxes in the storage cupboard, but the remaining stock was fine.

Jake rang LawBooks4Me, seeking either a refund or replacement stock. However, LawBooks4Me refused to provide a refund or send replacement stock on the basis that almost 5 months had lapsed since the delivery date. 

Jake and Carly decided to seek legal advice on the matter, and have instructed you to advise them on their potential legal rights. In light of the facts provided, draft a letter to Jake and Carly explaining Commercial Law Books’ legal position under the Sale and Supply of Goods Act 1994 (relevant provisions attached below). 

(1 hour, max 750 words)