Question 1 [14 Marks] Mark enters into a contract with Mbali, the terms of which Mark agrees to paint Mbali's bedroom in her favourite colour: maroon. Mark and Mbali agreed over WhatsApp that Mark will commence the painting at 12:00 on 9 November. When Mark arrives at Mbali's house at 12:00 on 9 November Mbali is not at home and fails to answer her cell phone. Mark eventually gives up trying to contact Mbali and leaves. Mark then approaches you to ask if he can cancel the contract. Your answer to Mark must identify what form of breach of contract has occurred, then identify and apply the requirements for the correct type of breach.

Question 2 [16 Marks]

Read the facts below and, with reference to relevant law, determine if there is a valid offer and acceptance so as to create a valid contract between the police and Mrs. Govender. Your answer must discuss and apply all the requirements for both offer and acceptance. On 29 October 2020, Mrs. Govender was outside the bank on the corner of Main and West Street when a person ran out and jumped into their car before speeding off. Later that day Mrs. Govender saw a post on Facebook which read as follows: REWARD For information leading to the arrest of a bank robber. Persons are asked to come forward with any information which they may have in connection with a bank robbery which took place on 29 October 2020 on the corner of Main and West Street. A reward of R10 000,00 will be paid to persons who are able to provide any information which leads to an arrest. Persons must contact Constable Mkhize via email at m..m@saps.co.za Mrs. Govender sent Constable Mkhize an email and was able to provide a description of the car used by the person who ran away from the bank, including the car's number plate. In the email, Mrs. Govender referred to the Facebook post and stated that her email was in response to it. Other than providing the information asked for, Mrs. Govender did not make any comments in relation to the reward. This information led directly to the arrest of the robber.