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Problem:
On 5 May 2014 Francis, a wealthy owner of several coal mines, agrees to sell one of his mines to Geoff. The two parties agree to settle on 10 October 2014 as Francis has arranged to cease using the mine by 5 October 2014. Geoff has begun ordering expensive mining equipment to be delivered to the mine over the month of November. Geoff has no other use for this equipment and cannot store it elsewhere.
On 12 September 2014 Francis's solicitor called Geoff's solicitor and stated that Francis would not be able to settle, as he has delayed arrangements to cease using the mine until 15 January 2015. Apparently, Francis has found a vein of A+ grade coal and wants to deplete the reservoir before handing over the mine.
Geoff is furious and wishes to terminate the contract immediately, claiming also for the cost of the expensive machinery.
Advise Geoff.
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