QUESTION ONE $[40]$

Lerato, an artist, enters into a contract with a gallery, FineArt Haven, to exhibit and sell her artwork

for a specified period. The contract includes provisions regarding the promotion of her work, the

gallery's commission, and the duration of the exhibition. However, after the exhibition begins, Lerato

notices that the gallery fails to fulfil its contractual obligations. The gallery's promotional efforts are

minimal, and Lerato discovers that some of her artworks are being sold without her knowledge, with

the gallery retaining the entire sale proceeds. Feeling aggrieved, Lerato seeks advice on potential

legal actions and remedies.

$1\mathrm{.}1$ Identify and explain the elements necessary to establish a valid contract in the context of

Lerato's agreement with FineArt Haven. $(10)$

$1\mathrm{.}2$ Analyse the specific breaches of contract committed by FineArt Haven based on Lerato's

grievances. $(10)$

$1\mathrm{.}3$ Outline the primary remedies available to Lerato for the breaches of contract committed by

FineArt Haven. $(10)$

$1\mathrm{.}4$ Explore the concept of specific performance as a remedy for breach of contract and assess

its applicability to Lerato's situation. $(10)$