THE LAW OF CONTRACT NISKA AND ZELDAS CONTRACTUAL AGREEMENT Contracts are fundamental to peoples daily lives. Agreements are constantly being entered into by individuals with other individuals, and by businesses with other businesses, to sell or buy goods and services, and to create rights and duties. A contract is simply an agreement binding in law between persons in which they promise to do something, or not to do something, or to deliver something. The law respects the rights of people to agree or contract about almost anything and will generally enforce these contracts, provided they are not illegal, immoral or impossible to perform. Niska and Zelda have been friends since 2003. Niska has been doing farming for the past six years whilst Zelda is the owner of a successful a catering business, named The Luciano, which she has established in 2000. On 12 January 2021, Niska and Zelda decided to enter into a written agreement (for a period of five years) in terms of which Niska has to deliver 100 kilograms (kg) of potatoes every Monday to Zeldas catering business which is situated in the lush green suburbs of Edendale. For the past two weeks, Niska has failed to deliver 100 kilograms of potatoes to Zeldas catering business. Zelda is extremely anxious as this is resulting in her losing a number of customers as she was unable to complete several customers orders. (Source: Kopel, S. 2017. Guide to Business Law. sixth ed. Cape Town: Oxford University Press).

Question 2 (20 Marks) Zelda is aware that there are a number of special clauses which are commonly found in contracts such as the indemnity clause and non-variation clause. She would like to know more about such clauses.

2.1 In light of the above, identify and describe some of the clauses commonly found in contracts. (17 marks)

2.2 Zelda has realized that the agreement between Niska and herself are lacking a number of these clauses. Would you advise to add in these clauses in agreements when contracting in the near future? (3 marks)