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a Question 1(Compulsory) Last year Katie bought a car from Dizmo for K35,000 to be paid in two instalments of K17, 500. Katie did not
a Question 1(Compulsory) Last year Katie bought a car from Dizmo for K35,000 to be paid in two instalments of K17, 500. Katie did not pay the second instalment when it was due. She never disputed that she owed Dizmo this money. Dizmo felt sorry for Katie, who lost her job not long after buying his car. He told her that if she paid him the half of what she owed him (K8, 750) by the following Wednesday, he would let her off with the rest. Katie paid him the K8,750 on the following Tuesday. She also gave him a bottle of wine "in consideration of his kindness". On Friday last week Katie was notified that she had been successful in one of her job applications and would be starting work at a much better salary than her old job on the First of the Month. Dizmo has heard about Katie's new job and realizes that she is likely to be earning more than he is. He now wishes to claim the rest of the money which she had originally agreed to pay for the car. With the use of relevant case law and by applying the relevant contract law priciples, kindly advise Dizmo as to whether or not he can succeed in his claim. [20 Marks]
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