James has a construction company and he orderedbags of Tylon Cement from Cement Wholesalers limited on the 24^th of November 2017 in preparation for the festive season sales in December. He paid $10,000 in advance for this order which was, according to the Sales representative of the company to be delivered to him on the 15^th of December 2017. His order was eventually delivered to him on the 20^th of December 2017 because there was a heavy storm from the 15^th to the 19^th of December 2017 which made it impossible for the cement wholesaler to deliver . When ordder was delivered to him , the driver presented him with an invoice which included an additional duty. The government had impose duty on the imported Tylon Cement. The driver was under strict instruction not to offload the order unless the additional amount of the duty was paid on delivery . James paid the amount of the duty in order to obtain the cement. He subsequently discovered that the duty was only imposed on the day before delivery was made to him. His 200 bags of cement had been stacked together with the rest of the stock of Cement Wholesalers Limited since the 15^th of December 2017.

Advise James whether he has a claim under the contract(25 Marks)