Breach of contract Flashcards

1
Q

What are the types of breaches

A

-Mora debtoris
-More creditoris
-Positive malperformance
-Repudiation
-Prevention of performance

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2
Q

What is mora debtoris

A

Later performance by the debtor.

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3
Q

What happens when there was no time specified in the contract

A

The creditor can place them in mora by demanding them to perform in a reasonable time with a written or verbal warning

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4
Q

What is mora creditoris and what are the requirements

A

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

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5
Q

What is positive malperformance

A

This is where the seller delivers the incorrect good/ defective performance

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6
Q

what is repudiation

A

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

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7
Q

What is prevention of performance

A

Performance of one party becomes impossible but due to their own fault

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