QUESTION 5 On 8 October, Siphiwe sold Mark his mobile hotdog stand for R20 000. They agree that Mark will pay Siphiwe on 10 October. Mark pays Siphiwe on 10 October. They further agree that Siphiwe will deliver the mobile hotdog stand to Mark on 20 October when he returns from Kenya. Mark fails to return from Kenya on 20 October. Siphiwe is unable to effect delivery on 20 October because he did not find Mark as agreed. Discuss the legal position between the parties and whether there is any breach of contract. 6

QUESTION 6 You have booked a week's holiday to walk the Otter trail in the Western Cape. You made this booking eight months in advance, as you know how difficult it is to secure a booking on this route. You have paid your fee in full. A week before your departure date, you are hospitalised because of a viral infection. The agency through whom you made the booking charges you a substantial cancellation fee. 6.1 Did the agency act correctly in terms of the Consumer Protection Act 68 of 2008? Motivate your answer. (2) 6.2 Would your answer in (6.1) be different if you cancelled the booking because your partner decided to make another hiking trail on a game farm instead? In your answer, highlight factors considered when charging a cancellation fee.{5}