Question
Peter and Hedrina entered into a sale of 100 goats for the sum of N$ 15 000. The agreement concluded on 16 August 2020. In
Peter and Hedrina entered into a sale of 100 goats for the sum of N$ 15 000. The agreement concluded on 16 August 2020. In terms of the agreement, Peter who is the seller of the goats was to deliver the goats to Hendrina the buyer, upon receiving the payment of the purchase price. Hendrina effected the payment on 16 August 2020 shortly after signing the agreement of sale. Peter, who is an alcohol, decided to sell the goats to Gerson, his childhood friend because he believes that the goats will be in better care as Gerson has been a farmer for more than 10 years. The sale of goats to Gerson took place on 16 August 2020. Peter informed Hendrina that he sold the goats to Gerson and that there is nothing he can do at this point in time as there was a supervening impossibility making it impossible for him to still to his agreement with Hendrina.
Furious Hendrina contact your offices, MB attorneys seeking for advice.
With reference to case law advise Hendrina. In your advice clearly discuss supervening impossibility and juxtapose it with any other form of impossibility that can be raised as a defense.
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