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Choose from the following 5 forms of breach:1. Default by debtor2. Default by creditor3. Positive malperformance 4. Repudiation 5. Prevention of performance QUESTION 2 Peter

Choose from the following 5 forms of breach:1. Default by debtor2. Default by creditor3. Positive malperformance 4. Repudiation 5. Prevention of performance

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QUESTION 2 Peter is a building contractor who has to rebuild a hotel in a national game park that falls under the management of the Kwazulu Hotels Group (Pty) Ltd (the 'KNP') after the recent floods. The agreement between the KNP and Peter is that he will be allowed access to the park from 1 April 2022 to 2 April 2022 to do measurements for the project. They agree that the construction is to start on 1 July 2022, and that the building must be finished by 30 December 2022. The KNP will pay Peter R 2 500 000-00 for the building works 60 days after date of issue of completion certificate by the architect. Identify which form of breach of contract occurs in each of the following circumstances (Do not discuss - ONLY write down the form of breach that occurs). 2.1 Peter builds ten chalets instead of one hotel. 2.2 Peter completes the hotel on time, but the KNP do not pay him. 2.3 Peter does not finish the hotel in time. 1 2.4 Peter is never allowed to enter the KNP because they negligently lost his personal details. As he cannot take proper measurements he cannot start building on time. 2.5 On 1 October 2022 the KNP realise that they have no budget for the project and inform Peter that they will not be able to pay him. Identify the form of breach of contract that occurs on 1 October 2021. 2.6 The banking details that Peter provided to the KNP in the contract are incorrect because he negligently wrote down the incorrect number. The KNP cannot pay Peter on the due date. What form of breach of contract does Peter commit? Total Question 2: [6]

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