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.3.1 Tim advertises his flat for rental. John sees the advert and immediately phones Tim to view the flat. When they meet at the flat the following day, John agrees to lease the flat. Tim presents him with a written lease agreement, which John signs without reading it because he is late for a meeting. A month after moving into the flat, John discovers that the agreement states that he is responsible to pay the municipal water bill, which is charged according to the amount of water used. John refuses and deducts the water bill from the rent saying that he would never have agreed to rent the flat had he known about this clause because he thought that the water was included in the rental.

Q.3.2 Tim is leasing out another flat that he owns to Sheila for R4000 per month, payable in cash on the first business day of each successive month. The written lease agreement states that Tim may cancel the contract if payment does not take place on the due date. Sheila is at least a week late in paying the rental over a period of 5 months.

Q.3.3 There is a clause in Demi's lease agreement which states that her townhouse is to be occupied by a maximum of two persons. She allows her brother and his wife, together with their three children (two in high school and one at university) to move into her townhouse while she is overseas for three months.