Question: PART B - 70 MARKS NARRATIVE AND DESCRIPTIVE QUESTIONS ANSWER ALL QUESTIONS (70 MARKS) QUESTION 2 Miss Morake who lives in Durban is invited to

PART B - 70 MARKS NARRATIVE AND DESCRIPTIVE

PART B - 70 MARKS NARRATIVE AND DESCRIPTIVE QUESTIONS ANSWER ALL QUESTIONS (70 MARKS) QUESTION 2 Miss Morake who lives in Durban is invited to her sisters' wedding in Cape Town. As she has no car, she decides to go by bus and buys a return ticket for herself on the Between Cities Bus Service. As a wedding gift to her sister, she decides to buy drinking glasses and plates. After buying all the wedding presents, Miss Morake realises that she will not be in a position to take the wedding presents on the bus with her. She reads an advertisement placed in the newspaper by Happy Transport. Happy Transport claims to specialise in the transportation of glassware for reward. She phones Happy Transport and they agree to transport the wedding presents for her on 3 April 2021 and deliver it to the wedding reception. Miss Morake takes the wedding presents to the Happy Transport warehouse on 2 April 2021 for transport the next day and signs the standard contract for conveyance of goods provided by Happy Transport. On the day that Happy Transport is supposed to transport the wedding presents to Durban, their truck does not want to start and Happy Transport asks Best Transport to transport the presents to Cape Town. On the way to Cape Town, the truck transporting the wedding presents is in an accident and all the presents are broken. The accident was not the fault of the driver of Best Transport. (n) Happy Transport has a standard contract for the transportation of goods. Although it is common practice to have a contract of carriage in writing it is not a legal requirement for validity for it to be in writing. What are the advantages for Happy Transport of having such a contract in writing? (5) (0) Discuss the concept of mitigation of damages. Is there anything that Ms Morake can do to mitigate her damages? Motivate your answer (6) (p) Ms Morake bought a bus ticket to Cape Town from Between Cities Bus Service. Briefly discuss the ticket as a means for Between Cities Bus Service to determine standard conditions of contract for the conveyance of passengers? (5) (5) (m) On the day that Happy Transport has to transport the glasses and plates, the truck owned by Happy Transport is broken. Is this an example of absolute or relative impossibility of performance. Motivate your answer. D2020

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