Question 5

Marty decides to start a fishing business in Ozark. He decided to start by purchasing a fishing boat. He found the one which he wanted from Jacob for an amount of R800 000. They both agreed that the boat was to be delivered at Marty`s house on 19 April any time before 10 AM. Marty had to pay a 50% deposit on the same day of conclusion of the contract and the balance upon delivery. Marty paid the 50% as agreed, however, Jacob failed to deliver the boat on 19 April as agreed. Marty made a number of telephone calls to Jacob without success. Marty had booked a two-day fishing boat cruise to tour Jamaica on the boat which was supposed to be delivered by Jacob. Since the boat was not delivered Marty suffered monetary losses as he had to hire an expensive boat from his neighbor Helen. Jacob only delivered the boat after 20 days and he told Marty that he had forgotten that he was supposed to deliver the boat on the 19th.

Source: Mukwehwa, B (2021)

Advise Marty of the type of breach of contract which was committed by Jacob. Furthermore, advise him on the remedy which he can use to recover the money that he spends on hiring a new boat from Helen. Note, 5 marks will be awarded for discussing the correct type of breach and the other 5 marks for discussing the correct remedy which can be used by Marty.