Reference no: EM133684834

On 9 August 2019, J and K concluded a contract of sale. In terms of the agreement K agreed to repair J's swimming pool. The cost of the repairs amounted to R50 000. K required a deposit of R25 000 before the commencement of the project to buy the necessary supplies to complete the task. They further agreed that K would commence with the repairs of the swimming pool on 9 September 2019. However, K never came to repair the swimming pool. J made several enquiries and K always postponed the date on which he would start the project, alleging that he was still busy with another project. By 9 December it became clear that K was not going to adhere to the agreement. He told J that his workers left his employ and that he could not find other workers with the necessary expertise. J demanded that his deposit be refunded, but K alleged that he had already bought the necessary supplies and could thus not refund J.

J also wants to claim R100 000 from K for loss of income as he was planning to use the swimming pool to give swimming lessons.

1. What is the overriding philosophy of the law of contract and how would this impact on the agreement between J and K?

2. Explain whether J meets the requirements to institute a claim for damages for breach of contract against K?

3. What remedy is available to J in terms of the principles of the law of contract? Will J be able to claim any monetary compensation from K? If so, to what amount will he be entitled? Refer to a decided case to substantiate your answer. In one sentence state what the court held in this case.

4. Will J be able to claim the R100 000 from K for loss of income for the planned swimming lessons?

5. Distinguish between those damages that are intrinsic/general and those that are extrinsic or special. Give a detailed explanation of each.