Question 1 [14 Marks]

Mark enters into a contract with Mbali, the terms of which Mark agrees to paint Mbali's bedroom in her favourite colour: maroon. Mark and Mbali agreed over WhatsApp that Mark will commence the painting at 12:00 on 9 November. When Mark arrives at Mbali's house at 12:00 on 9 November Mbali is not at home and fails to answer her cell phone. Mark eventually gives up trying to contact Mbali and leaves. Mark then approaches you to ask if he can cancel the contract.

Your answer to Mark must identify what form of breach of contract has occurred, then identify and apply the requirements for the correct type of breach.