Jules and Blake are a young couple who had been saving up to buy their first property for many years. Blake is a builder and so they planned to buy a block of land in the Victorian countryside and then build the house themselves. Once they finally managed to accrue a 20% deposit, they started looking at properties.

Jules and Blake fell in love with the first property that they inspected. They talked to the vendor's agent who told them that the land was situated within the school zone of a highly-regarded local school in country Victoria. Jules and Blake planned to build their 'forever house' on the property, and send their future children to the school, so they were very keen to buy within the school zone. Marketing for the property also indicated that it was an elevated block with magnificent north-easterly views. When inspecting the property, Jules and Blake loved the wonderful views and immediately signed a contract for the property. They paid a deposit of $50,000 on 15 February 2020, with the balance of $200,000 to be paid on settlement that was scheduled for 15 May 2020.

In planning construction for their house, Blake indicated to Jules that he had always loved marble and wanted to order some to use in the building dcor. Jules liked marble as well and so agreed to let Blake arrange the purchase. On 28 February 2020, Blake organised a contract with Bella Marble Pty Ltd to transport marble from Penrice, South Australia. The contract included the following statement: 'Bella Marble Pty Ltd gives no guarantee regarding the goods that are the subject of this contract and accepts no responsibility for any loss or damage howsoever caused'. Blake and Bella Marble's representative agreed on the appropriate driving route for the transport. Unfortunately, however, Bella Marble's driver took a detour while driving the truck containing the marble, and while on that detour swerved to avoid a kangaroo and flipped the truck, resulting in significant damage to the marble.

In preparation for building, Blake also organised the purchase of some timber from Tasmania. He contacted Tasmanian Timber Traders Pty Ltd on 10 March 2020 and placed an order. Pursuant to the terms of the contract, the timber would be shipped to Victoria on 10 April 2020.

On 13 March 2020, Jules went to speak with the Principal at the local school. The Principal advised that Jules and Blake's property was not within the school zone. The Principal also mentioned that there was a lot of development expected in the area in the next year. After some investigation, Jules and Blake discovered that adjacent blocks to theirs had permits and plans in place for building. If building proceeded as per the plans, the views from Jules and Blake's block would be obstructed.

On 15 April 2020 Blake received the following email from Rodney Tassel of Tasmanian Timber Traders:

'Hi Blake, Sorry mate but we won't be able to send you the timber after all due to the COVID restrictions imposed by government. They say we can't resume shipping until September at earliest. Really sorry but you will have to source your timber within Victoria. Cheers, Rodney'.

Upon receiving the email, Jules and Blake were really disappointed. They had a special love for Tasmanian timber and had not been able to locate any in Victoria.

You work as a lawyer at RPT Legal Pty Ltd. Frustrated by the events described above, Jules and Blake seek legal advice from you. Advise them in relation to the following questions:

Question 2. Are Jules and Blake obliged to pay the vendor the remaining $200,000 at settlement? (10 marks)

Question 3. Do Jules and Blake have any recourse against Bella Marble Pty Ltd or their driver in relation to the marble? (10 marks)