Themba and Kwena conclude a contract of sale for property 25 Meerhof Gardens, which belongs to Kwena. Their contract stipulates that Themba must pay an amount of R50 000 as deposit on the purchase price within two days of Kwena’s acceptance of the offer. The money must be paid into Kwena’s bank account, and Kwena must provide Themba with the name of his bank, the account number and the branch code. Four days after Kwena has accepted Themba’s offer, Kwena still has not provided the required information to Themba.Which ONE of the following statements is CORRECT?

Question

Answer

As Themba spent the R50 000 before he received the necessary information from Kwena, supervening impossibility of performance has occurred, and their contract is terminated.

Answer

Kwena has committed breach of contract in the form of mora creditoris, as he has neglected to give his co-operation to enable Themba to fulfil his obligation with regard to the deposit.

Answer

Themba has committed breach of contract in the form of mora debitoris, as he has not paid the deposit.

Answer

Kwena is entitled to cancel the contract if he has given Themba notice of intention to cancel the contract and a reasonable time to comply with his obligation to pay the deposit.

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Themba and Kwena conclude a contract of sale for property 25 Meerhof Gardens, wh...

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