The Different Forms of Breach of Contract
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PPSM049
Introduction
Breach of contract means failing to perform any term of a contract without a legitimate legal excuse. The contract may be either written or oral. A breach may include not finishing a job, failure to make payment in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not insuring goods, among others. An anticipatory breach may be made by an act which indicates the party will not complete the work.
Breach of contract can take one of five different forms; namely; default of the debtor (mora debitoris), default of the creditor (mora creditoris), positive malperformance, repudiation and lastly prevention of performance (rendering performance
impossible).
(i) Default of the debtor (mora debitoris)
Any obligation under a contract has a time limit for its performance, be it an agreed fixed period or in the absence thereof a reasonable period. If the debtor neglects or fails to perform timeously, he/she commits breach of contract.
Example:
The purchaser of Leshakeng Trading CC orders 1 000 T-shirts from Blue Dot Printers on 1 March. The Leshakeng Trading CC informs the Blue Dot Printers that the T-shirts are to be sold during the weekend of 1 to 2 April at the Easter Show where Leshakeng Trading CC has rented a booth for the specific purpose of selling the T-shirts with the words “Easter Show” imprinted on the T-shirts. Blue Dot Printers delivers the shirts to Leshakeng Trading CC on 1 May. The facts clearly reveal that the T-shirts have no use for Leshakeng Trading CC on 1 May, and in these circumstances Leshakeng Trading CC will probably be entitled to resile from the contract.
1
PPSM049
Legal remedies of the creditor in the case of mora debitoris include the following:
• The creditor can demand fulfilment of the contract on the grounds of the content of the contract.
• The creditor can...
Introduction
Breach of contract means failing to perform any term of a contract without a legitimate legal excuse. The contract may be either written or oral. A breach may include not finishing a job, failure to make payment in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not insuring goods, among others. An anticipatory breach may be made by an act which indicates the party will not complete the work.
Breach of contract can take one of five different forms; namely; default of the debtor (mora debitoris), default of the creditor (mora creditoris), positive malperformance, repudiation and lastly prevention of performance (rendering performance
impossible).
(i) Default of the debtor (mora debitoris)
Any obligation under a contract has a time limit for its performance, be it an agreed fixed period or in the absence thereof a reasonable period. If the debtor neglects or fails to perform timeously, he/she commits breach of contract.
Example:
The purchaser of Leshakeng Trading CC orders 1 000 T-shirts from Blue Dot Printers on 1 March. The Leshakeng Trading CC informs the Blue Dot Printers that the T-shirts are to be sold during the weekend of 1 to 2 April at the Easter Show where Leshakeng Trading CC has rented a booth for the specific purpose of selling the T-shirts with the words “Easter Show” imprinted on the T-shirts. Blue Dot Printers delivers the shirts to Leshakeng Trading CC on 1 May. The facts clearly reveal that the T-shirts have no use for Leshakeng Trading CC on 1 May, and in these circumstances Leshakeng Trading CC will probably be entitled to resile from the contract.
1
PPSM049
Legal remedies of the creditor in the case of mora debitoris include the following:
• The creditor can demand fulfilment of the contract on the grounds of the content of the contract.
• The creditor can...