Clive who lives in Johannesburg agrees to buy a horse from Pretty who lives in Cape Town as Pretty is finding it too expensive to pay stable fees.

The parties agree on the purchase price of R 500 000 to be paid on delivery of the horse on 30thDecember 2020. Whilst Clive isen routeto Cape Town there is a vicious storm. Due to the loud thunder and lightning, the horse experiences severe shock from which it eventually dies.

Q.3.2

Q.3.2.1

Identify the type of impossibility that applies to the above scenario.

(1)

Q.3.2.2

Assume that there was no storm but that Pretty was driving the horse from Cape Town to meet Clive halfway between Cape Town and Johannesburg to deliver the horse to him.

Along the drive from Cape Town Pretty stops along the way to meet some friends that he has not seen in some time. He joins them in a pub and has a few beers before proceeding on his journey., The beers make him tired and he falls asleep at the wheel. As a result, he has an accident which causes the death of the horse.

Explain the legal position that now exists between the parties.

Q.3.2.3

Explain the type of impossibility exists in

Q.3.2.2above.

Q.3.2.4

Advise Clive whether he would be successful in claiming the purchase price back from Pretty.

Q.3.2.5

Explain the legal effect that initial impossibility of performance has on a contract.