Contract Law: Debtors and Creditors

A situation where a debtor is legally required to perform a contractual obligation but fails to do so within a reasonable time period.

The creditor needs to formally demand performance from the debtor, specifying a reasonable time for the debtor to fulfill the obligation.

A debtor falls into mora automatically if the contract explicitly states a date or time for performance, and that time passes without performance.

A debtor becomes liable for mora when they don't perform after a reasonable period within a demand made by the creditor. Time starts after the demand is made.

A special consequences of mora that forces the debtor to continue fulfilling the obligation even if they're in breach. It prevents the debtor from being relieved of the obligation by later fulfilling.

A contract, where one party (the holder of right) can directly claim specific performance after a third party agrees to the same terms.

A court order compelling a party to fulfill a specific obligation under a contract.

A direct court order preventing a party from transferring property to a third party, especially when there's a negative obligation.

Indirect enforcement of specific performance through a court order when a party fails to perform an obligation.

A party can choose to either demand specific performance or cancel the contract, but not both remedies simultaneously.

A double-barreled procedure allowing the plaintiff to initially seek specific performance but request cancellation and restitution if the other party doesn't fulfill the specific performance order.

A party can claim both specific performance and damages together, or damages as an alternative to specific performance.

The argument that in specific performance cases, damages should be awarded based on the objective monetary value of the performance instead of actual performance.

Describes when a debtor performs their duty, but does so incorrectly or incompletely, like delivering the wrong quantity or quality of goods.

The scenario where the debtor performs an action they were supposed to refrain from doing.

A situation where the debtor fulfills their obligation but the performance falls short in quality or quantity compared to what was agreed upon.

The creditor has the right to demand proper performance from the debtor if the debtor has performed defectively. This can be done even if the defect is minor.

The creditor can choose to accept the defective performance as partial fulfillment and claim damages to cover the difference between the proper performance and what was delivered.

The creditor can refuse to perform their part of the contract until the debtor has remedied the defect in their performance.

The innocent party can seek an interdict to stop the debtor from continuing to perform the contract in a way that is prohibited by the contract.

Terms that are automatically included in a contract due to their inherent nature, like the right to cancel the contract if the other party doesn't perform their duties. These terms are essential to the existence of the contract.

Terms that are added to the contract by the parties themselves, going beyond the basic essentials. These terms are not implied by law, but rather agreed upon by both parties.

Terms that are expressly stated and agreed upon by the parties. They can be in writing or spoken words.

A legal rule stating that if someone signs a contract, they're assumed to have read and understood its terms, even if they didn't actually do so.

These terms are implied based on the consensus of the parties. Even if not explicitly stated, they are understood to exist because of the agreement or reliance on those agreements.

New naturalia can be recognized by the courts in certain situations. Courts may add new terms to the naturalia if it's necessary for fairness and justice, while balancing it with legal certainty.

The parties can exclude, modify, or add to the naturalia through incidentalia as long as they don't violate public policy or legislation. This reflects the principle of freedom of contract.

Naturalia are not static, they can change over time based on societal shifts, legal advancements, or changes in fairness and justice. Courts may recognize new naturalia if they align with these changes.

Terms that are not explicitly stated but are understood to be part of the agreement. They can be implied by law, custom, or the circumstances of the agreement.

Implied terms that are added to a contract by law. These apply unless the parties specifically exclude them.

These terms are pre-written by one party and used in many agreements with their clients. If a standard term is unusual, the party using it must explain it to the other party.

When deciding if an implied term should be included, courts consider factors like fairness, community values, legal clarity, and predictable rules.

This principle emphasizes that parties should act in a way that is fair and honest in their contractual dealings.

The consumer will be liable to pay damages to the supplier if the supplier is sued; this usually happens in cases of breach of contract.

A provision outlining requirements for written agreements between suppliers and consumers. It aims to protect the consumer by providing them with sufficient details and time to understand the agreement.

A legal list outlining terms that are forbidden in contracts and will be deemed void. This protection aims to prevent unfair or unreasonable clauses from being enforced.

A clause that tries to eliminate any responsibility for gross negligence is prohibited and will be considered void.

The burden of proof rests on the business to demonstrate the fairness of the term in a contract. This is crucial to ensure that terms impacting consumers are not overly burdensome.

Software Deluxe is obligated to pay for the 3D printers, their cost is a direct expense for fulfilling the contract

The freelancer's loss of profit is a potential consequence of Client's breach. She might claim this cost from Client.

Client's withdrawal from the contract is a potential breach, Software Deluxe might have to claim damages.