Mr. Peter Case Study - Law Assignment Help

Assignment Task:

Question 1
Mr. Peter is the Chief Executive Officer (CEO) of vehicle Namibia (Pty) Ltd, a company that sells cars in Namibia and the whole of SADC region. HE owns Nissan Navara 2.3D LE 4X4 Auto Double Cab Bakkie. This is a 2013 model and has 135 000 Km on it. The aforesaid car is an manual car and uses petrol for fuel consumption. Peter has been driving this car for the past 6 months. The car has been off the service plan for the past 2 years. On 14 October 2019, Peter took his daughter to the rugby practice in Windhoek West and met Mark who brought his soon for the extra-mural activity. After the extra-mural activities finished, Mark and his son got into Mark’s car and the car’s starter failed. Peter moved over to Mark’s car and offered assistance. After hours of trying to get the car started, Mark decided to call a tow-in service. It is at this point that Peter informed Mark that he owns a Nissan Navara 2.3D LE 4X4 Auto Double Cab Bakkie, which he intends to sell. Peter further informed Mark that it’s a 2017 Model, on a full service plan and in order and condition. Peter offered to sell his vehicle to Mark and Mark accepted this offer. Subsequently, Mark transferred the payment of the agreed purchase price of N$ 150 000 and Peter delivered the vehicle to Mark. Within two weeks of delivery, the engine Nissan Navara 2.3D LE 4X4 Auto Double Cab Bakkie started giving problems. First of all, the engine proved difficult in starting; the second problem that Mark encountered was that of overheating and thirdly, the vehicle started making excessive noises, while stalling. Page 10 of 11 Angry Mark rushed to the house of Peter for an explanation of all these problems. Peter’s wife received Mark and informed him that her husband was not at home but insisted on hearing what was barking Mark. Upon hearing Mark’s plight, she informed him that the vehicle in question is a 2013 model and its service plan expired 2 years ago and in addition, it uses petrol and thus it is bound to give problems. Furious and confused Mark called your office seeking legal advice to set aside the so-called agreement with Peter and sue him. With reference to case law advise Mark on whether he has a claim against Peter and provide basis if any, of this claim. 

Question 2
With reference to case law discuss the principle of repudiation of a contract.
What is Repudiation of a Contract?
Often we need to consider whether repudiation has taken place. Repudiation of a contract occurs where one party renounces his or her obligations under a contract.
The principle revolves around the concept that parties should be ready, willing and able to fulfil their contractual obligations at the relevant time.
There are a number of basic principles that apply to repudiation that I have summarised below:
Repudiation will be established if the conduct of Party A, whether verbal or otherwise, conveyed to Party B demonstrates Party A’s inability to perform the contract, or an intention not to perform its obligations.
Whether there has been repudiation depends on the objective acts of the parties.
There will be repudiation if the conduct of Party A was such as to convey to a reasonable person in the position of Party B, repudiation of the contract as a whole, or of a fundamental obligation under it.
Repudiation may occur at any time between formation of the contract and completion.
If Party A repudiates a contract or a fundamental obligation under it, Party B has the election to accept the repudiation and bring the contract to an end.
A clear inability or unwillingness to perform a fundamental obligation at a stipulated essential time by Party A, is an anticipatory breach, entitling Party B to terminate the contract.
If Party A repudiates and Party B elects not to terminate but to affirm the contract, but thereafter Party A continues to repudiate, Party B may terminate on the basis of the continued repudiation.
Party B, in order to be entitled to rescind for anticipatory breach, must at the time of Party A’s rescission itself be willing to perform the contract.
It should be noted that the repudiation itself does not bring the contract to an end; the innocent party must accept the repudiation and terminate the contract in order to trigger a right to damages
This is a particularly complex area of law and depends largely on the facts of each matter. It is very important to obtain detailed legal advice before any steps are taken

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