Breach of contract

Question 1

mora debitoris

Answer 1

A debtor commits breach of contract in the form of default of the debtor

Question 2

Repudiation

Answer 2

This is the refusal by one party, either in words, or by conduct expressly, or by implication, to carry out his or her obligations

Question 3

mora ex persona

Answer 3

In the absence of a specified performance deadline in a contract, the debtor must complete their obligations within a reasonable timeframe, considering the circumstances known or anticipated at the contract’s creation. If the debtor fails to do so, the creditor can request performance within a designated period.

Question 4

mora ex re

Answer 4

Where a time period for performance is specified in the contract and the debtor fails to perform within that time, the debtor is automatically in default.

Question 5

Creditor

Answer 5

Person who is entitled to receive the money

Question 6

Debitor

Answer 6

A person who receives something

Question 7

Positive malperformance

Answer 7

Positive malperformance is that form of breach of contract that occurs when the debtor commits an act that is contrary to the terms of the contract.

Question 8

Prevention of Performance

Answer 8

This type of breach occurs when one party’s actions prevent either themselves or the other party from fulfilling their obligations.