Paul and Evan have entered into a contract in terms of which Evan undertakes to install a state-of the-art recording studio at Paul's home in Clifton on the 22ndof August 2019. It is essential that the installation takes place no later than the 22ndof August, as Paul will be recording the next album of the up-and-coming rapper T-Rap in the new studio, commencing on 2 September 2019, and the installation is expected to take seven working days.

At 08h00 on the 22ndof August, Evan arrives at Paul's house, ready to install the recording equipment. The gate to the property is locked and no-one appears to be home. Evan calls Paul on the latter's cell phone and Paul informs Evan that he has forgotten about the installation, and he will only be able to unlock the gate for Evan the following day as he's currently in Johannesburg in business.

Q.4.2.1

Q.4.2.2

Set out the requirements for the form of breach that has been committed in this scenario.

Evan demands payment from Paul for the day that he made himself available as he charges by the hour for labour. Paul expresses the opinion that as it is now "too late", he will just get another contractor to do the job as the parties "owe each other nothing".

Advise Paul on the correct legal position.

Q.4.2.3

Advise Evan on whether Paul's conduct and comments that they "owe each other nothing" is sufficient to amount to a flat-out repudiation of the contract.