Assume that there was no storm but that Pretty was driving the horse from Cape Town to meet Clive halfway between Cape Town and Johannesburg to deliver the horse to him. Along the drive from Cape Town Pretty stops along the way to meet some friends that he has not seen in some time. He joins them in a pub and has a few beers before proceeding on his journey., The beers make him tired and he falls asleep at the wheel. As a result, he has an accident which causes the death of the horse. Explain the legal position that now exists between the parties.
Assume that there was no storm but that Pretty was driving the horse from Cape Town to meet Clive halfway between Cape Town and Johannesburg to deliver the horse to him.
Along the drive from Cape Town Pretty stops along the way to meet some friends that he has not seen in some time. He joins them in a pub and has a few beers before proceeding on his journey., The beers make him tired and he falls asleep at the wheel. As a result, he has an accident which causes the death of the horse.
Explain the legal position that now exists between the parties.
Pretty is still liable to Clive for delivery of the horse or to refund the amount(if anything taken in advance) to Clive in the event of not being able to deliver another horse. Clive has the right to demand another horse or to seek a refund of any advance paid if he is not satisfied with the remaining stock with Pretty. Also, Clive can sue Pretty for the punitive damages due to the delay in delivery of the horse.
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