Assignment task:
On 15 February 2022, Ken ordered a set of dumbbells from Jollyfit to exercise at home. A confirmation email was received which stated that his order had been accepted and that $4500 had been charged to his credit card. The website indicates that the price is inclusive of delivery. In the FAQ, the answer to the question "Delivery to anywhere in Hong Kong?" is:
"Yes, we deliver your purchase to any door addresses in Hong Kong. On the checkout page, please write down an address where there is someone to answer the door between 9am and 6pm, Mon-Sat, so HK Post or SF Express can hand-deliver the equipment to you or your representative.***"
Ken made an inquiry to Jollyfit when the goods did not arrive. Jollyfit said that due to the disruption resulting from COVID-19 pandemic measures, SF Express has just instituted a new policy not to accept goods weighing more than 10kg. Given the courier's new policy, Jollyfit informed Ken that the contract would be discharged, and that the monies would be repaid. Ken buys equivalent dumbbells from the nearby mall for $5700, and seeks damages from Jollyfit.
Advise Ken.