Question
Benny works as a CEO at BIG Pty (Ltd). Benny is married to Maggy in community of property, and they have been married for seven
Benny works as a CEO at BIG Pty (Ltd). Benny is married to Maggy in community of property, and they have been married for seven years. The couple does not own a house but rent a very expensive apartment in Sandton for R20, 000 a month. As Benny has a taste for expensive things, nine months ago he purchased a 2021 Toyota SUV for R 3, 000 000 financed by Rand Bank, which duly registered security over the car. In terms of the loan agreement, Benny is expected to pay R43, 000 every month for five years. However, Benny missed two months of his payment to the bank. Benny has also not paid rent for the last three months. Realising his financial difficulties, Benny resorts to launching an application to voluntarily surrender his estate. Mr Mpho, the trustee of Benny's insolvent estate, believes it would be in the best interest of creditors to repudiate the contract with Rand Bank.
Discuss the legal implications should Mr Mpho repudiate this contract. In your answer, reflect on the trustee's position in relation to uncompleted contracts, and the consequences thereof.
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