QUESTION TWO

(20 Marks) Jackson has decided that he will invite guests and possible investors to a Caviar and Coffee themed night which will be hosted at his shop. He engages the services of Magical C Foods to cater the caviar for the event. Jackson is anxious because he needs to ensure that the investors he invites are impressed by his shop. Three days before the event, the manager of Magical C Foods alerts Jackson that there is no stock of caviar in the surrounding areas, and her suppliers are out of stock due to the fact that there is e-coli in the fishing area which they sometimes source their caviar from. Jackson is furious as he does not have an alternative appetizer for the event. Jackson decides to cancel his event based on the unexpected shortcomings. He subsequently informs Magical C Foods that he will be instituting legal action against them. The manager of Magical C Foods states that it was impossible to perform their obligations as the shortcoming was extraordinary in nature.

You are required to provide legal advice to Jackson on his problem. You are expected to outline the relevant law, cite applicable case law, and provide a legal opinion on the above problem