Calvin is a farmer. He has a written agreement with Chaz who is a neighbouring market gardener. Chaz has a large garden centre where he sells local produce. Calvin has agreed to provide Chaz with 14 boxes of turnips so that Chaz can sell these the following weekend. Chaz will pay Calvin 200 for the crop. Calvin inspects his crop and sees that it has a common problem of 'root rot' which makes the turnips inedible and therefore, unfit for sale. Calvin had done everything that he could to protect his crop but there had been severe weather which caused the rot. Calvin speaks to Chaz and tells him about the turnip crop. Chaz is disappointed because they are a popular seller. Calvin tells Chaz that he can deliver 10 boxes of carrots and would Chaz accept these instead of the turnip? Chaz accepts the carrots but tells Calvin that he will pay 130 for the crop. Calvin agrees and duly delivers the carrots.

(b) Calvin is concerned as to whether he is still obliged to deliver the turnips to Chaz. Does Calvin still have to deliver the turnips? Explain your answer with reference to case law where necessary. (4 marks)

Consider the following: 'If the provider (Calvin) cannot deliver the agreed goods (14 boxes of turnips) then the provider will provide 20 boxes of carrots as a measure to fulfil the provider's obligations under this agreement'.

(c) Would it have made any difference if Calvin and Chaz had inserted the above clause into their agreement if Chaz had failed to deliver the turnips because of the 'root rot' but still offered the carrots? Explain your answer. (3 marks)