QUESTION

Joe Soap wishes to sell his 1995 BWM325i motor car. He takes the vehicle to Reliable Harry's Auto Dealers on 18 February 2020 and instructs them to sell the vehicle for no less than R80,000.00. The BMW is left at Reliable Harry's Autotraders for about three weeks during which there seems to be no interest in the car. Eventually, on 18 March 2020 a colleague of Joe, Lindiwe Jiyane offers to purchase the car at R70,000.00. Joe informs Harry Smooth, manager of Reliable Harry's Auto Dealers, that he no longer wants Reliable Harry's Auto Dealers to sell the car and that either he or Lindiwe would collect the car the following day. Lindiwe transfers the purchase price to Joe's account and Joe gives her the spare keys with the express instruction to collect the car at Reliable Harry's Auto Dealers before close of business the following day. Lindiwe gets tied up in a major business deal and jets off to Cape Town to secure the deal. She "forgets" about the car for a whole week. On 23 March, the President declares a national disaster due to the outbreak of COVID-19 and orders a national lockdown. Lindiwe is stranded in Cape Town as a result. On 30 March, Lindiwe contacts Joe and complains that he has her money and she still does not have the car. She tell Joe that she no longer wants the car and she demands that he refunds her money. Joe refuses to refund Lindiwe and tells her that it was her own fault for not collecting the car from Reliable Harry's Auto Dealers. Lindiwe replies that it was impossible for her to collect the car as she had to fly to Cape Town to secure the business deal.

Question 1 (10 marks)

Explain, in terms of the of the law of contract, whether Joe is correct when he states that it was Lindiwe's own fault for not collecting the car from Reliable Harry's Auto Dealers.