STUDY UNIT 12

Question 1

SPECIFIC FORMS OF BREACH:

Answer 1

1. Mora Creditoris
2. Mora Debitoris
3. Positive malperformance
4. Repudiation
5. Prevention of performance

Question 2

1. MORA DEBITORIS

Answer 2

is the failure of a debtor, without lawful excuse, to make a timeous performance of a positive obligation that is due and enforceable and still capable of performance in spite of such failure.

Question 3

REQUIREMENTS OF MORA DEBITORIS:

Answer 3

1. debt must be due and enforceable
2. the debtor must have failed to perform timeously
3. failure to perform must be without lawful excuse.

Question 4

CONSEQUENCES O MORA DEBITORIS:

Answer 4

1. Perpertuatio obligations
2. Damages
3. Rescission

Question 5

2. MORA CREDITORIS:

Answer 5

the creditor culpably fails to cooperate timeously with the debtor so that the latter can perform his obligations.

Question 6

REQUIREMENTS OF MORA CREDITORIS:

Answer 6

1. Obligation to make performance
2. Cooperation by the creditor
3. Tender of performance by the debtor
4. Delay by the creditor
5. Fault by the creditor

Question 7

CONSEQUENCES OF MORA CREDITORS:

Answer 7

1. Cancellation
2. Damages
3. Specific performance
4. Counter-performance
5. Effect of security
6. Discharge of debt.

Question 8

3. POSITIVE MALPERFORMANCE:

Answer 8

occurs when the debtor duly performs but in an incomplete or defective manner.

Question 9

REQUIREMENTS OF POSITIVE MALPERFORMANCE:

Answer 9

1. the debtor had to perform
2. the delivered performance must have been defective.

REMEDY: RESCISSION.

Question 10

5. PREVENTION OF PERFORMANCE:

Answer 10

is where performance becomes impossible after the conclusion of a contract due to the fault of either the debtor or the creditor