1501567

Talia

Exercise 9.23

A) A contract is completed by the performance of both parties, in relation to the

bathroom Handy Andy had to Install the bathroom and on 25th August he completed
the installation. In the contract between Busi and Handy the is a provision the permits
the cancellation of the contract that should the bathroom not be complete by 30
August, which he completed prior the expected date and since the contract is divisible
Busi cannot terminate the contract in relation to the bathroom, however the provisions
in the contract permit Busi to cancel the contract in relation to the shower due the fact
that the is mora in relation to the Shower, due to late or no performance.
B) Busi would have to claim for performance, which is a remedy that is aimed at
ensuring fulfilment on the side of the party the is wronged. The principle of Pacta sunt
servanda would come into play in specific performance, this is the primary remedy for
breach of contract and an order of court can ensure that the availability of it is as soon
as the debt is due and enforceable. Therefore, Busi can get the courts to enforce the
remedy of specific performance.
C)