Question 6:

Nikhil, is a medium sized enterprise owner recently bought a coal mine. Andre (CEO of a new power supplier in South Africa) then entered into a contract with Nikhil in terms of which Nikhil undertook to mine and deliver 500 tons of coal on Friday 30 March at 10:00 to Andre's power plant in Lephalale.

On Friday 30 March at 10:00 Nikhil delivers only 50 tons of coal to Andre's plant and informs him that, after weeks and weeks of mining, they could only mine the 50 tons of coal and also that the mine was actually declared redundant. The whole mine-sale was a scam. Which form of breach of contract occurred and motivate your answer?

(6 marks)

Question 7:

Explain why performance must be determined/determinable and give an example.

(4 marks)