Sonu, whose house is on a lakeshore, entered into a contract with Fun Ltd to construct a jetty so that he and his family could do some sailing on the lake. The jetty was to be 15 metres long by 2 metres wide with sturdy handrails on one side. The jetty itself was to be made of seasoned wood and double coated by a waterproof resin cherry brown in colour. It was agreed that the work on the jetty would be finished by 10 December 2007, well in time to celebrate New Year in the sailing yacht with the family. Sonu entered into another contract with Boat Ltd to supply and deliver a 10 metre sailing yacht on 11 December 2007 for a sum of R90,000.Fun Ltd constructed the jetty on time. However, on examination Sonu found that it was only 14·5 metres long and 1·8 metres wide and that it had been coated by ordinary resin which was not waterproof.On 1 December, Boat Ltd informed Sonu that because of a New Year rush, they would not be able to deliver the yacht until 3 January 2008. Sonu tried hard to find another seller but no one was willing to deliver before New Year for less than R125,000.Required:From the perspective of the law of contract, analyse the given facts and advise Sonu:
(b) What, if any, action he can take against Boat Ltd for their failure to deliver the yacht on time. (4 marks)
