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Gabriel runs a 5-star French restaurant, and he has a contract with Parisienne Pastries to deliver a range of cakes and pastries fresh each day.

Gabriel runs a 5-star French restaurant, and he has a contract with Parisienne Pastries to deliver a range of cakes and pastries fresh each day. The contract is $1,000 per each 4-week period and stipulates that the delivery is to be made each day before 10 am so that Gabriel has the cakes and pastries for lunch time service.

One day, Parisienne Pastries is late making the delivery and so Gabriel quickly rushes to a local patisserie, Chez Chocolate, and buys enough cakes and pastries for that day's customers. They are not as high quality as Parisienne Pastries and are much more expensive because Gabriel has to pay retail price at Chez Chocolate.

When Parisienne Pastries delivers at 12 midday, Gabriel is furious. He screams at the Parisienne Pastries driver and tells him not to make any more deliveries because he is terminating the contract immediately.

The next day Parisienne Pastries attempts to make its usual delivery at 10 am, but Gabriel tells the delivery driver he will not accept any more deliveries from Parisienne Pastries as the contract is terminated. For the rest of the month Gabriel purchases cakes and pastries from Chez Chocolate at retail price.Over the course of the month this costs Gabriel an extra $2,000 compared to his monthly bill with Parisienne Pastries.

Advise Gabriel about the following issues:

a)Can Gabriel terminate the contract with Parisienne Pastries for breach?

b)What damages can Gabriel claim from Parisienne Pastries? Explain how damages will be calculated?

Use relevant court cases to support your answer.

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