Craig sells a one-of-a-kind set of custom-made tools to Phineas at a price of R500 000. It is expressly agreed that parties must perform pari passu (simultaneously). Upon his delivery of the custom-made tools to Phineas, Craig informs Phineas that he has lost one of the small screwdrivers in the custom-made toolset and will replace it at a later date. Craig nevertheless demands immediate payment of the R500 000 purchase price from Phineas since performance must be pari passu .

Choose the CORRECT statement below.

Question

Craig sells a one-of-a-kind set of custom-made tools to Phineas at a price of R500 000. It is expressly agreed that parties must perform  pari passu  (simultaneously). Upon his delivery of the custom-made tools to Phineas, Craig informs Phineas that he has lost one of the small screwdrivers in the custom-made toolset and will replace it at a later date. Craig nevertheless demands immediate payment of the R500 000 purchase price from Phineas since performance must be  pari passu .  
 
 Choose the  CORRECT  statement below.

Answer

Phineas must pay the R500 000 as the small screwdriver does not have that much value.

Answer

Craig can claim specific performance from Phineas.

Answer

Phineas can raise the  exceptio non adimpleti contractus  as a defence against Craig’s claim.

Answer

Phineas can claim damages from Craig.

Crowdly

Craig sells a one-of-a-kind set of custom-made tools to Phineas at a price of R5...

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