Kgomotso, a farmer, has his tractor repaired by Mpho. He informs Mpho that he wants his tractor in perfect working order for the forthcoming harvesting season. However, Kgomotso does not inform Mpho that he also uses the tractor to operate a pump for pumping water out of a small gold mine on the farm. As a result of Mpho's bad workmanship, the tractor breaks down after a month. Although Kgomotso immediately returns the tractor to Mpho to rectify his bad workmanship, Mpho only repairs it a month later. By this time, part of Kgomotso’s crop, worth R8 000 (still not harvested), has rotted in the fields. Kgomotso’s mine has also been flooded and, as a result thereof, Kgomotso has to spend R10 000 to repair the damage to the mine. Kgomotso is unable to hire or borrow another tractor.
Which ONE of the following statements is CORRECT?

Question

Kgomotso, a farmer, has his tractor repaired by Mpho. He informs Mpho that he wants his tractor in perfect working order for the forthcoming harvesting season. However, Kgomotso does not inform Mpho that he also uses the tractor to operate a pump for pumping water out of a small gold mine on the farm. As a result of Mpho's bad workmanship, the tractor breaks down after a month. Although Kgomotso immediately returns the tractor to Mpho to rectify his bad workmanship, Mpho only repairs it a month later. By this time, part of Kgomotso’s crop, worth R8 000 (still not harvested), has rotted in the fields. Kgomotso’s mine has also been flooded and, as a result thereof, Kgomotso has to spend R10 000 to repair the damage to the mine. Kgomotso is unable to hire or borrow another tractor.

Which ONE of the following statements is CORRECT?

Accepted Answer

Even if Mpho did not, in fact, foresee the damage to the harvest in the abovementioned set of facts, he will still be liable if this damage can be regarded as foreseeable.

Answer

Kgomotso can recover all the damage that he has actually suffered from Mpho, since the tractor broke as a result of Mpho's bad workmanship.

Answer

Kgomotso can claim the R8 000 damage to his harvest from Mpho as well as the R10 000 in respect of the gold mine, even if Mpho could not have foreseen the damage to the gold mine.

Answer

If Kgomotso could have prevented the damage to his harvest and gold mine, he would still be able to claim from Mpho either the R8 000 damage to his harvest or the R10 000 damage to the gold mine.

Crowdly

Kgomotso, a farmer, has his tractor repaired by Mpho. He informs Mpho that he w...

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