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Emma's toy store purchases its stock from Happy Wholesalers. Emma's written and signed contract with Happy Wholesalers has a one yearterm (covering all of 2021).

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Emma's toy store purchases its stock from Happy Wholesalers. Emma's written and signed contract with Happy Wholesalers has a one yearterm (covering all of 2021). and includes the following clauses: Clause 4: Happy Wholesalers will deliver Fantastic Toys' orders on Friday each week, and twice a week (on both Tuesdays and Fridays) during the midyear sale and Christmas holiday periods. Clause 6: Happy Wholesalers will deliver Fantastic Toys' orders to Loading Bay 6 in the Green Hills Shopping Centre. Due to stock shortages, Happy Wholesalers is unable to make any deliveries at all during the 2021 midyear sale period, which mns foriour weeks. Fantastic Toys loses $5,000 in prots as a result, and also loses an extra $1,000 in prots that would have been earned during an instore Race Car Enthusiast Day that was cancelled due to a lack of stock. Emma attempted to secure supplies from alternative wholesalers, but was unsuccessful as it was a highdemand time of year. when Happy Wholesalers resumes deliveries. its delivery driver leaves Fantastic Toys' next order at Loading Bay 7 by mistake. This causes inconvenience to Fantastic Toys. Emma has to negotiate with the manager of another store in the Shopping Centre to be able to pick up her delivery of stock from their loading bay. (A) Does Emma have the right to terminate her contract for breach in performance? Discuss both clause 4 and clause 6 of the contract. (4 marks.) (B) What damages can Emma claim from Happy Wholesalers as a result of its breaches of both clause 4 and clause 6? (5 marks.) Do not discuss the Australian Consumer Law. Please reter to any relevant legal cases andfor legislation to support your arguments. and ensure that you fully explain your answer. Type your answers in the box below

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