FLK1 Contract Law — Question 27

Question

Emma enters into a contract with David to sell her antique clock for £500. The contract specifies that Emma will deliver the clock to David’s address on a specified date, and David will pay the agreed price upon delivery. However, on the specified date, Emma fails to deliver the clock to David as agreed. David waits for several days but does not receive the clock. He then purchases a similar antique clock from another seller for £600. What legal principle applies to David’s rights in this situation?

1. David is entitled to specific performance of the contract, requiring Emma to deliver the clock to him.
2. The contract between Emma and David is voidable at David’s option due to Emma’s failure to perform her obligations.
3. David is entitled to claim damages for breach of contract equal to the difference in price between the clock Emma agreed to sell and the clock he purchased from another seller.
4. Emma is entitled to rescind the contract due to impossibility of performance.
5. David’s rights are extinguished since Emma’s failure to deliver the clock voids the contract.