Danny recently moved to PE and is looking for a place to rent. He calls Remax for assistance in finding a place to rent. Remax finds Danny a place to rent at Alexandra Estate in Stellenbosch. On the 31st of May, Danny signs a lease with the landlord Paul, in which he will pay a deposit of R20 000, plus one month’s rent of R10 000 to move in. The rent is R10 000 per month. The deposit will be paid back to Danny when the lease is over and there is no renewal, provided there is no property damage. A year into the lease, Paul the landlord is concerned because Danny has not paid his rent for the last two months and he wants to find out what might be the issue. He goes to Danny’s unit to talk to him, only to find that Danny is not there, the door is open and damaged. He walks into the unit to find that the cupboards, stove and countertop have been destroyed. Paul wants to take action against Danny.

1. Under the circumstances, explain the forms of liability that can be held against Danny. (6 marks)

Note : It is important for you to apply the law to the facts at hand.

2. Indicate whether Paul, the landlord, can sue Danny both in contract and delict. Provide a reason for your answer.