OriginalAlphabetical

types of breach
mora debitoris, mora creditors, positive malperformance,
repudiation, preventation of performance

requirement for mora debitoris

Performance must be due (and possible) and Obligation must be
enforceable

mora ex re
when the date has passed and the debtor has not yet performed

mora ex persona
when creditor demands(put debtor in more), but still does not
perform

interpallatio
due date stipulated in a contract or in a demand for performance
by the creditor

requirements for mora(demand)

stipulate date for performance,written or oral,allow debtor
reasonable time to perform

requirements for mora creditoris

1.Performance must be due or creditor has been given reasonable
notice to accept performance 2. The debtor tenders proper
performance

requirements of repudiation
notification of intention, therefore intention must be reasonable

Positive malperformance
Debtor performs but performance is defective or below required
standard

types of positive malperformance

positive and negative(debtor does something prohibited in terms
of the contract )

Prevention of performance
Inability to perform occasioned by one of the parties

types of remedies
declaration of rights, specific performance, cancellation,
damages

Declaration of rights
High court may enquire into and determine rights & obligations
and a declaratory must be given

Specific performance
must perform as in contract, prohibitory or mandatory interdicts

when will court not consider specific performance

1.performance inappropriate 2.contrary boni mores 3.harsh to
expect debtor 4.Cost to defendant out of proportion

cases about court not enforcing specific performance

Haynes v King William's Town Municipality (contra boni mores)

reciprocal obligations
Aggrieved party may claim specific performance only if he is
willing to tender reciprocal obligations owed

Exceptio non adempleti contractus

when aggrieved party doesnt perform obligations but expects
specific performance from debtor- not bound

Cases regarding Exceptio non adempleti contractus

1.Motor Racing enterprises v NPS electronics 2.BK Tooling
(Edms) Bpk v Scope Precision Engineering (Edms)

Motor Racing enterprises v NPS electronics

Exceptio non adempleti contractus is applied, and re-enforced by
courts

BK Tooling (Edms) Bpk v Scope Precision Engineering (Edms)

Exceptio non adempleti contractus is applied,but BK tooling had
to pay reduced price on defective items since they were fixed

Unilateral cancellation

remedy for breach, due to material breach. other party to be

notified

when unilateral cancellation appropriate

Fundamental breach of material term and Contract provides for
cancellation

Damages in delict
contractual claims also include non-financial loss such as
emotional pain and suffering

damages in breach of contract

contractual claims limited to financial loss

court takes into account these forseeable losses

gains not made and loss actually suffered

requirement for an amount of compensation

1. Loss must be one which was reasonably foreseeable or one
which was actually within contemplation of the parties
2.Innocent party must attempt to mitigate the loss

Case regarding loss that is reasonably forseeable

Victoria Laundry (Windsor) Ltd v Newman Industries