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Facts: Taki Brewing Pty Ltd contracted to sell 50 cartons of beer to Power Parties Pty Ltd. The terms of the contract required delivery within

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Facts: Taki Brewing Pty Ltd contracted to sell 50 cartons of beer to Power Parties Pty Ltd. The terms of the contract required delivery "within the last 14 days in March.' Taki Brewing attempted to deliver the crates of beer to Power Parties' premises in Sandy Bay on the last day in March, which was a Sunday, at 5.30pm Upon discovering the premises unattended Todd from Taki Brewing telephoned Peter from Power Parties to confirm he was at their premises attempting to deliver the cartons of beer. Peter explained that he was working at a function in Devonport and that given it was outside normal business hours that Power Parties could not accept delivery due to the attempted delivery late on a Sunday. Todd returned the beer to Taki Brewing's warehouse. The following Tuesday Peter telephoned Taki Brewing to arrange for redelivery. He was told by Todd that the 50 cartons of beer had been sold and that the company was therefore unable to supply the beer as they had stopped production. Required Please answer the following questions: a) In your opinion, does Taki Brewing's actions in attempting to make delivery at 5.30pm on a Sunday night allow them to argue discharge by attempted performance

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