2. John ordered a large wedding cake for his wedding on May the 2nd. The delivery was agreed on the morning of the wedding day at 10 a.m. To the great annoyance of John, the cake is only delivered by the overwhelmed confectioner the morning of the next day. The furious John explains to the pastry chef that he can forget any payments. The confectioner insists on taking the cake and paying the agreed purchase price.

Is the confectioner liable to John for breach of contract? Discuss your answer in detail. Does John have to pay the agreed purchase price?

b) Instead of the facts (a) assume that the confectioner called John on May the 1st and tells him that he will not be able to deliver the cake on time because of a broken cream machine. He gives him contact details for another confectioner, who would be able to produce a wedding cake for the 2nd of May. What would you advise John? Assume, that the confectioner has no possibility to deliver the ordered cake on time. Does John have to pay twice? Who is responsible for paying the additional costs? Discuss your answer in detail.