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QUESTION 3 Sifiso is a wild-bird seeds dealer. He keeps the seeds in large barrels. When he receives an order for seeds, he weighs the
QUESTION 3 Sifiso is a wild-bird seeds dealer. He keeps the seeds in large barrels. When he receives an order for seeds, he weighs the seeds and puts them into smaller bags. Maria buys two small bags of seeds and pays for them immediately. They agree that Sifiso will deliver the seeds on 15 June 2020. On 10 June 2020 after the smaller bags have been filled and weighed, a storm hits his area and neighbouring places, and the whole store is flooded, and all the contents damaged including two small bags of seeds which Maria bought. As a result, Sifiso fails to deliver the seeds as agreed but informs Maria of what transpired. Maria insists on the delivery of the seeds because of the damage that she will suffer as a result of not receiving the seeds. In the alternative, she demands that Sifiso refund her the money she has paid for the seeds. Discuss whether Sifiso or Maria will carry the risk (the loss of the seeds). (6)
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