QUESTION 1 Mfundisi and Ben a farmer, conclude a contract in terms of which Ben would Supply his Fruit and veg business with mushroom. Just before Ben harvests the mushroom he advises Mfundisi of same and continues to harvest the mushroom with the promise to deliver same day. When Ben arrives later that day Mfundisi refuses to accept delivery stating that he no longer needs the mushroom as he got same at a cheaper price from another supplier. [a] Discuss how parties in contract may breach a contract, mention the types of breach encountered. [09] [b]Mention the remedies found where breach of contract happens. [06] [c] Enumerate the ways to terminate the contract. [10]
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Question 2: Selena contracted with a catering service to provide a buffet for her birthday party held at 6 pm on a given Saturday. She already had planned to move to another city for a new job the morning after the party. However, the buffet was delivered late, at 10 pm, when the party already ended. The catering service requested the repeat performance on basis of Article 55 of Consumer Rights Act 2015. Discuss whether Selena could: a. Allow the repeat performance? b. Repudiate contract and claim damages? PLEASE analyze detail wth Cancel of contract or repudiate contract - There are/is fundamental breach(es) of contract - The party is not innocent party (intentional fault) - There was/were damages Late delivery Extend: right of the claimant
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