Question 3 (20 Marks) (ANSWER ALL PARTS OF THIS QUESTION) Matsuko's daughter is soon to be married in Singapore. Matsuko contracts to buy six cases of an imported Australian wine - vintage Cherry Valley wine, which is sold by a Singapore agent of the Australian wine producer. The Singapore agent is called Tan's Wines or TW. TW sells each case of the imported wine in Singapore for $1,200. The contract states that TW will deliver the six cases of wine to Matsuko's residence 'on or before 1 May, to be used for daughter's wedding reception on 2 May.' On 1 May, TW's warehouse and delivery van are affected by a heavy storm, which cuts power to their offices and disables the electrical systems in the van. No wine is delivered that day, and because of the power outage TW does not respond to Matsuko's phone calls and emails. On the morning of 2 May, Matsuko buys wine of a higher-rated vintage from another wine dealer for $1,500. That afternoon, just before the reception, TW delivers the wine at Matsuko's residence. She refuses to accept the wine.

a) Discuss the importance of the time of delivery in the contract. Is this a condition or a warranty? What is the difference between a condition and a warranty, and what remedies are available for each?

b) Has TW breached the contract? Explain the different types of breach, and which, if any, apply in this case.

c) Discuss the legal effect of the storm. Is TW excused from performance?