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FACTS (5 marks) LAW (5 marks) VERDICT (10 marks) Page 3 of 4 Thabo built a house including servant's quarters for Mpho in Gaborone

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FACTS (5 marks) LAW (5 marks) VERDICT (10 marks) Page 3 of 4 Thabo built a house including servant's quarters for Mpho in Gaborone West Block nine. Thabo brought suit to recover the balance payment due from Mpho. However, after Mpho occupied the house, she noticed that the pipe used for the plumbing in the main house was not the Bosman pipe, the brand specified in the contract. The pipe used was of similar quality, but Mpho directed Thabo correct the defect. The defect could only be repaired at a substantial expense, as it would require the demolition of substantial parts of the home. In addition, in the servant's quarters, Thabo had been instructed to use copper pipes and instead used iron pipes that would not last as long as the copper pipes would have lasted. Thabo in the kitchen was supposed to install plumbing. It was stated that the pipes which were ultimately supposed to be hidden behind the walls, should be red. Thabo instead used blue pipes that function just as well. Mpho sues Thabo. Legally advise both Thabo and Mpho. (20 marks)

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