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Question 3

Identify the form of breach of contract that appears in the following scenarios and justify what the most appropriate remedy would be in each instance. NOTE: You will not be awarded marks for simply stating all remedies under each question. You are required to select the most appropriate remedy in the situation, whether it is an agreed remedy or a common law remedy. You are required to explain why the remedy that you have chosen is the most appropriate in the situation.

Q.3.5 David purchases vegetables from the local fruit and vegetable shop. David was supposed to receive delivery of the order at 16h30 but Denver, the driver, skips a red robot while speaking to his girlfriend on the phone. He causes an accident and is then unable to deliver the goods as they are either squashed to a pulp in the accident or have been looted by members of the surrounding community. (5)

Q.3.6 Celeste owns a small rose farm and supplies florists in the surrounding area. Lebo places an order with Celeste for the purchase of 100 roses that she is supplying to someone for a function. The day before the function, Lebo visits the rose farm and picks out the 100 roses that she likes and pays for them (R3 per rose). Celeste marks the roses clearly, so that they might be delivered to the venue the next day. However, that night, a goat jumps over the fence and eats most of the roses in the rose beds, including Lebo's roses. In the morning, Celeste phones Lebo and says that she is sorry, but she can only deliver another 100 roses to the venue if Lebo pays for another 100 roses. Lebo is furious. (5)