Question 2:

Catherine and Dianne agree that Dianne will sell certain unpolished diamonds for R4mil to Catherine.

2.1 Alex breeds with race horses. He purchases a black Arabian Stallion from a local breeder for a market related price. The local breeder delivered a brown Arabian Stallion to Alex's farm. The form of breach of contract committed by local breeder is:

a) Positive Malperformance

b) Mora creditoris

c) Mora debitoris

d) Repudiation

e) Rendering performance impossible

(1 mark)

2.2 Where a contracting party is guilty of mora creditoris, the contract may be cancelled immediately if time is of the essence and the breach is not corrected within a reasonable time.

1. True
2. False

(1 mark)

2.3 Byron is the owner of a brick manufacturing company. He concluded a contract with Tom to manufacture and deliver 10 000 bricks or 10 pallets of bricks (one pallet contains 1 000 brick units) to Tom at his farm on Monday 19 March 2020 at 12:00. Byron only delivered the bricks to Tom on Tuesday 20 March at 16:00. Choose the most correct statement:

1. Tom committed breach of contract in the form of repudiation.
2. Byron committed breach of contract in the form of repudiation.
3. Tom committed breach in the form of mora creditoris.
4. Byron committed breach in the form of mora debitoris.
5. Bryon committed breach in the form of malperformance.
6. Byron committed breach in the form of rendering performance impossible.

(1 mark)