Benjamin undertakes to deliver five kilograms of pork chops at Mavis’ premises on the 21st of October at 09:00. Benjamin arrives to deliver the goods at the appointed time, but finds the premises locked and nobody present. It appears that Mavis was negligent in not making arrangements for the receipt of the pork chops. Benjamin is very upset and decides to leave the frozen pork chops outside the premises in the sun. At 20:00 that evening, Mavis arrives at her premises and finds the pork chops – rotten to the core.

Which ONE of the following statements is CORRECT ?

Question

Benjamin undertakes to deliver five kilograms of pork chops at Mavis’ premises on the 21st of October at 09:00. Benjamin arrives to deliver the goods at the appointed time, but finds the premises locked and nobody present. It appears that Mavis was negligent in not making arrangements for the receipt of the pork chops. Benjamin is very upset and decides to leave the frozen pork chops outside the premises in the sun. At 20:00 that evening, Mavis arrives at her premises and finds the pork chops – rotten to the core.  
 
 Which  ONE  of the following statements is  CORRECT ?

Answer

Benjamin has breached the contract through mora debitoris.

Answer

Benjamin has the duty to mitigate damages and could have taken the pork chops back and stored it for later delivery, claiming the extra costs pertaining to delivery and storage as damages.

Answer

Mavis has made Benjamin’s performance (delivery of the pork chops) impossible.

Answer

Mavis has the duty to leave the house (premises) open for Benjamin to deliver the pork chops. She could claim damages from Benjamin if anything went missing in her house during the delivery.

Crowdly

Benjamin undertakes to deliver five kilograms of pork chops at Mavis’ premises o...

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