In January 2008 Baraka Electronics Training centre entered in a contractual agreement with Mataka to supply 200 graduation gowns for their first graduation to be held in September the same year. Their contract provided that the gowns should be supplied by July to allow them enough time for rehearsals through the time of graduation. By July, Mataka had not yet started on the assignment and indeed he had written to Baraka electronics stating that he was too busy to do the assignment. Baraka entertainments was extremely upset by the news, especially as it had incurred extensive preliminary expenses in relation to the graduation ceremony.

Required:

(i) In relation to the law of contract, advise Baraka entertinment whether they can take any action against Mataka.

(ii) Would your answer be different if Mataka, by July, could supply 190 gowns only instead of 200 gowns and Baraka refuses to pay him because of his supplying less number of gowns?.