(c) That's wrong. 

You were asked to select the correct statement.

On the facts, it is correct to say that X has breached the provision in question.  X has not sold champagne to Wendy, but by giving her a bottle as a present, he has ‘supplied’ her with alcoholic drink within the meaning of the Act.  This is because the word ‘supply’ normally means ‘to provide’ even without any payment, and a court would likely interpret these words accordingly.

On the facts, it is incorrect to say that X has not breached the provision in question. It is also wrong to say that there are not enough facts to decide whether or not X has breached the provision in question and that it is impossible to predict in advance what meaning a court will give to the words ‘sell’ and ‘supply’ as used in the provision.

Give yourself no marks for this answer.

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