Saturday, The 12th September. She Has Sent Out All The Invitations To Her Friends And Family And Is Very Excited For This Special Occasion. She Has Ordered A Frosted Cream Two-Tiered Birthday Cake With The Picture Of Lebogang’s Name And Favourite Sporting Team On It. The Order
Thabisa has arranged a surprise 40th birthday party for her husband, Lebogang, for Saturday, the 12th September. She has sent out all the invitations to her friends and family and is very excited for this special occasion. She has ordered a frosted cream two-tiered birthday cake with the picture of Lebogang’s name and favourite sporting team on it. The order is placed with "Pitch Perfect Cakes" on the 01st September. This is the date that the contract was concluded. Thabisa pays R2500.00 for the cake. Both parties agree that the cake will be delivered by 10.00 am on the 12th September at Thabisa and Lebogang’s home. On the 12th September at 9.30 am the cake is delivered by "Pitch Perfect Cakes". However, the name on the cake reads "Lungelo". Thabisa is very upset and promptly informs "Pitch Perfect Cakes" that an error has been made. Unfortunately, they are unable to rectify the error on the same day as none of their bakers are available Q.4.3 Name the five different forms of breach of contract and identify which form is applicable in this scenario, giving a reason why.(10) Q.4.4 Explain the common law remedy for breach of contract available to Thabisa in this circumstance.(6)