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 realised 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

As mentioned above: For the past two weeks, Niska has failed to deliver 100 kilograms of potatoes to Zelda's 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.

3.1 In light of the above, advise Zelda whether this constitutes a breach of contract. (2 marks)

3.2 Provide a discussion on FIVE (5) types of breach of contract that are recognized by South African

Courts. (18 marks)