Problem
Raphael, a renowned dance instructor and owner of the Latino Dance Academy, has benefited immensely from his recent brief appearance on a celebrity ballroom dancing show.
Raphael wants to install new flooring and is very particular as to the type of hardwood he wants for the academy's ballroom surface, as traction and colour are quite important to him. Raphael contacts Wilson's Flooring. A salesperson, Brianna, recommends a polished oak floor with a spring underlay for shock absorption as this is described as perfect for dancing. The total price for parts and labour is quoted at $64,000. Raphael accepts that the quote is reasonable, and he enters into a signed written contract with Wilson's Flooring for the supply of this polished oak floor with a spring underlay. Brianna notifies Raphael that the floor will be installed on Monday 8 August 2022. On Monday 8 August 2022, Brianna notices that Wilson's Flooring has an inadequate supply of the particular type of oak wood that Raphael has ordered. She instead instructs the stockroom staff to load up a pine wood variety, which has similar properties but is slightly inferior in quality and a bit slipperier than the oak wood. The wood is transported to the new Latino Dance Academy and installed and then set and polished. Once installation is fully complete, Raphael arrives to inspect the ballroom. He immediately notices that the colour and feel of the wood that it is of a different variety than he ordered and paid for. Raphael contacts Brianna at Wilson's Flooring and is furious to learn that a different wood to that agreed upon was used. Provide advice as to whether Wilson's Flooring has breached the contract with Raphael and if so, whether Raphael is entitled to terminate the contract.