Forms of Breach of contract

Question 1

Breach of contract

Answer 1

• when a party fails to honour the contractual obligations

- remedies by law are offered to injured party

Question 2

Forms of breach of contract

Answer 2

• Delay by debtor (mora debitoris)
• Delay by creditor ( mora creditoris)
• Positive malperformance
• Performance rendered impossible

Question 3

Delay by debtor (mora debitoris)

Answer 3

• debtor does not perform timeously
• requirements:
  
  • –> performance still possible
  • –> debtor fails to perform timeously
  • –> performance already due and enforceable
  • –> when creditor has personal right to claim immediate performance and debtor has no valid defence to claim
  • –> fault not a requirement

Question 4

Delay by creditor

Answer 4

• creditor fails to accept performance from debtor
• requirements:
  
  • –> performance still possible
  • –> creditor delays performance
  • –> performance due and enforceable
  • –> if creditor does not co-operate in instance where debtor is entitled to deliver performance prematurely
  • –> proper performance offered by debtor
  • –> fault not a requirement

Question 5

Positive malperformance

Answer 5

• refers to contents or quality of performance delivered by debtor
• requirements:
  
  • –> positive duty
  • –> negative duty
  • –> fault

Question 6

Repudiation

Answer 6

• when party expressly or tacitly without lawful justification communicates that they no longer have the intention to perform obligation
• requirements
  
  • –> conduct or action
  • –> intention to repudiate (objective)

Question 7

Performance rendered impossible

Answer 7

• performance rendered impossible through culpable conduct
• requirements:
  
  • –> act accompanied by fault (intention/negligence)