Answer to Question #189192 in Statistics and Probability for Andrew-John Bock

Question

QUESTION 1 (10 MARKS)

Identify the form of breach of contract in each of the following situations.           

1.1.       X delivers Ohorongo Cement to Y, when Y bought Cheetah cement.  (2 marks)

1.2.       X and Y agrees that Y will paint X’s house on Sunday. That Sunday, X switches off his mobile phone the whole day, with the result Y cannot find X to be given directions to X’s house. (2 marks)

1.3.       X buys a house from Y for N$ 2 million. X moved in the house but refuses to pay Y the purchase price. (2 marks)

1.4.       X sells a car to Y. As X drives the car to Y from Okahandja, the car is written off by X in an    accident. (2 marks)

Answer 1

1.1 As X has delivered a cement of a different brand to Y this may be a minor(partial) breach of contract if the cement works well.

1.2 As X has switched off the phone which may be due to any reason and due to this Y was not able to reach his home for paint, this is a minor breach of contract as they can fix another date with the address already mentioned.

1.3 As X has already moved to the new house but refuses to pay Y the amount of N$ 2 Million this is a fundamental breach of the contract as the contract may be terminated and Y can demand for the compensation from Y in addition to the paid amount.

1.4 As the car is not delivered to Y by X and due to an accident, he is terminating the contract which comes under an anticipatory breach of contract.