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CASE 3: Employed F to clean a roof which was made of corrugated sheets. F did not take any safety precautions when cleaning. The premises were contaminated with asbestos and needed extensive work to repair the damage. B brought an action in damages for the cost of the repair work on the basis of F breaching contractual terms. F argued that B had contributed to the negligence as B had not supervised F during the cleaning. B counter-argued that their claim was brought under contract law.

1. Analyze in details the type of breach of duty has taken place? (5 marks)
2. Categorize different faults committed by the plaintiff.( 5 marks)

CASE 4: Leander owns a greenhouse in which she grows flowers and plants for florists. Oct 25^th Jason, a retail florists, agrees to buy from Leander 1000 roses. Each plant to cost 1 BD and to be available from December 10 to December 20. Jason paid some advance and requests delivery on Dec 11^th. At that time Leander advises him that she will not perform the contract since she can get rose plants for 1.5 BD. Jason refuses to pay more than 1 BD on a plant and continues to insist on deliveryas he has paid advance. On December 16^th, an extreme cold spell arrive, Leanders heating system breaks down and all the roses she has on hand freeze. Jason then purchases 1000 roses from another wholesale florist but has to pay 1.3 BD a plant.

1. Has Jason any remedy? Discuss the arguments in his favour. (5 marks)
2. Evaluate whether any difference will take place in terms of recovery if the contract had provided instead that the plants be available between December 10 and December 15?(5 marks)

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