Breach of contract Flashcards
What are the types of breaches
-Mora debtoris
-More creditoris
-Positive malperformance
-Repudiation
-Prevention of performance
What is mora debtoris
Later performance by the debtor.
What happens when there was no time specified in the contract
The creditor can place them in mora by demanding them to perform in a reasonable time with a written or verbal warning
What is mora creditoris and what are the requirements
Creditor fails to cooperate with debtor. The debtor must have been obligated to perform for the creditor and the cooperation of the creditor must have been necessary
What is positive malperformance
This is where the seller delivers the incorrect good/ defective performance
what is repudiation
one party to the contract makes it clear by words or conduct that they no longer intend to be bound by the contract and with no legal justification
What is prevention of performance
Performance of one party becomes impossible but due to their own fault