Bess is the Hall Senior Student of Hobson Hall. Early in the year, she proposes that a

special commemorative 2009 fleece jacket embroidered with the name of the Hall be

prepared for the members of the Hall to buy. The Hall Committee agrees that this would

be a good idea. Bess is mandated to approach clothing companies in this regard. She

gets a very good quote from Dashing Designs CC, which offers the best-quality sample

at the best price. Bess, on behalf of the Hall, enters into a contract with Dashing

Designs to produce 200 fleece jackets of varying sizes at a cost of R400 each. Bess is

required to pay this money up front to Dashing Designs. Since it is still early in the year,

no specific delivery date is agreed between the parties.

It is now September. Bess has collected the money from the students who have ordered

jackets. The students are now getting grumpy, and want to know where their jackets

are. Bess struggles to get hold of Dashing Designs. When she does eventually get

through to their sales agent and asks what is happening, he tells her not to worry, and

says that the consignment will be available "quite soon". Three weeks go by, and there

is still no sign of the jackets, nor any explanation from Dashing Designs.

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(a) You are a third-year law student. Bess is desperate about the delay, and asks

you whether Dashing Designs has breached the contract. Explain to Bess

whether or not this is the case.

(b) It is now mid October. Assume that the contract has been breached. Explain to

Bess what remedies she might have in this situation.