Read the below scenario and answer the question below and refer to Termination for Delay to justify your answer:

MM comes to you for legal advice, advise MM On the assumption that MM and SR entered into a valid contract, did SR breach any terms of the contract? If so, what terms and why? If not, why not?

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1. Native toSouthand mainlandMiddle America, cane toads were introduced to Queensland from Hawaii in June 1935 in an attempt to control the native grey-backedcane beetleandFrench's beetle.

2. By 2022, they had grown to almost plague proportions with sightings of cane toads occurring as far south as Port Macquarie in NSW.

3. Cane toads are poisonous to eat and also regularly eat a variety of insects and smaller mammals. Cane toads, therefore, have a disastrous effect on native fauna species such as crocodiles, quolls, goannas, snakes and dung beetles.

4. Susan Rhinella (SR) is a research scientist working for the University of Northern NSW (UNNSW). In January 2021, she discovered a toxin that successfully eradicates cane toad tadpoles. The toxin is in liquid form and has been found to successfully eradicate about 60-70% of cane toad populations over a period of 6 months when injected into the water supply for the cane toads. It is harmless to other animals.

5. In June 2021, she registered a patent over the toxin. Over the next 6 months, with the permission of UNNSW, she entered into approximately 60 contracts with various landholders in Queensland and northern NSW for the elimination of cane toads on their properties. She was paid $100 000 for every 2 litres of toxin supplied. Each of these contracts had the following term:

SR agrees that the population of cane toads on the property will be reduced by, at least, 60% within 6 months of execution of this agreement (the reduction term)

6. In addition to the above, approximately 120 contracts were entered into between various landholders in Queensland and northern NSW for the elimination of cane toads on their properties with persons who sold the toxin under licence from SR. These also were entered into during the period June - December 2021. They all included the reduction term which bound the licensees.

7. Michelle Marina (MM) owns a small property in the hinterland of Byron Bay, NSW, called "Reptilia Nirvana". It is a reptile park business which opens to the public every day for the viewing of native snakes, goannas and crocodiles. It is infested with cane toads. If the infestation is not stopped soon then she will need to close down the reptile park.

8. On 16 January 2022, MM phoned SR who was now well known to MM and other landholders in Queensland and northern NSW. The telephone conversation was as follows:

MM: Susan, my name is Michelle. I've heard a lot about you. My property is infested with cane toads, Could you please send me over 2 litres of the toxin ASAP?

SR: Sure, no problems, Michelle

MM: I would like to have the cane toad population reduced by 60% within 4 months. Is that OK?

SR: I guess so. I'll see what I can do. It'll cost $100000.

MM: I want you to supply a further 2L of toxin every 6 months.

SR: Fine. It'll be $100000 for every 2 litres supplied.

9. On 17 January 2022, MM received 2 litres of the toxin from SR. On 18 January 2022, MM paid SR $100 000. MM then immediately injected the toxin into various water supplies on her property (such as dams and creeks).

10. On 17 May 2022, MM carried out a census of cane toads on her property. She found that they had only been reduced by 30% since the population count on 16 January 2022.

11. MM was furious. On 18 May 2022, she phoned SR and said to her:

"I am not happy, Susan! I've just checked and the cane toad population has reduced by only 30%, I want my $100000 back. Unless the population is reduced by 60% (as from 16 January) before 16 July then all bets are off and I'm not paying you a cent!"

12. At 9 am on 17 July 2022, MM carried out a further cane toad census on her property. She found that they had only been reduced by 50% since the population count on 16 January 2022. She then phoned SR and said to her:

"Why don't you have the courtesy of replying to me? I've just done another cane toad count and they have only gone down by 50% since 16 January 2022. What the hell is going on? I want my $100000 back now. You can go to hell! I'm seeing my solicitors next week"