Scenario 1 (8 marks)

Ruby owns a farm specializing in organically grown salad vegetables - lettuces, tomatoes, cucumbers, and eggplants. Khadija, who runs a restaurant nearbyputs in an order for 100 steak tomatoes for delivery in two days' time. Khadija specifies that the tomatoes were to be packed in 5 boxes of 20 each. After agreeing on the price and delivery date and time, Ruby picks 100 tomatoes and places them in specially designed trays that prevent the tomatoes from getting bruised and affecting their quality. The trays were then put inside wooden crates which Ruby stacks at the end of the greenhouse where the tomatoes are growing. Ruby intends to put the tomatoes into the five boxes early the next morning before delivering them to the restaurant.

That night however a heavy rainstorm hit the area where Ruby's farm is located. The strong wind causes the glass roof of the greenhouse to shatter and collapse and the remaining crop of tomatoes is destroyed by the rain. The 100 tomatoes put aside for Khadija are also crushed when the greenhouse roof collapses. When Khadija heard about the storm on the morning news, she calls Ruby to find out about her order. Ruby told her that she cannot deliver the tomatoes but since she had already picked the tomatoes as ordered, Ruby insisted that Khadija stillhave topay for the tomatoes. Based on the principles of the Sale of Goods Act and case laws regarding the transfer of property and risk, discuss whether Khadija is obliged to pay for the tomatoes.