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Questions and Answers
What are the five forms of breach of contract mentioned in the text?
What is mora debitoris?
Failure of the debtor to perform on time
What is subjective impossibility, where performance becomes impossible due to _____?
act or omission
Insolvency always leads to the termination of a contract.
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Calculate the amounts each party will have at divorce if they were married IN COMMUNITY OF PROPERTY.
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Calculate the amounts each party will have at divorce if they were married OUT OF COMMUNITY OF PROPERTY.
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Calculate the amounts each party will have at divorce if they were married OUT OF COMMUNITY OF PROPERTY WITH THE ACCRUAL SYSTEM.
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What is meant by 'Breach of Contract'?
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Which form of breach of contract is defined as the failure of the debtor to perform on time?
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Cancellation is always available as a remedy in cases of breach of contract.
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Specific __________ involves performing as stipulated in the contract.
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Match the following forms of termination of contracts with their descriptions:
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Study Notes
Breach of Contract
- Breach of contract occurs when one party fails to fulfill their obligations, resulting in a desired outcome not being achieved.
- Five forms of breach of contract:
- Mora debitoris (debtor's failure to perform on time)
- Mora creditoris (creditor's failure to accept proper performance)
- Repudiation (debtor's notice of non-compliance)
- Rendering performance impossible (one party makes performance impossible)
- Positive mal-performance (debtor's defective or incomplete performance)
Remedies for Breach of Contract
- Specific performance (perform as stipulated in the contract)
- Cancellation (termination of contract, not always available)
- Damages (compensation for financial losses)
- Penalty clause (agreed-upon payment for breach of contract)
- Interdict (court order to act or refrain from acting)
Termination of Contracts
- Performance (natural termination by fulfillment)
- Prescription (extinction of debt after a prescribed period)
- 30 years - mortgage bond debts
- 15 years - debts due to the State
- 6 years - notarial contracts
- 3 years - any debt not included above
- Set-off (weighing up debts against each other)
- Merger (convergence of debtor and creditor capacities)
- Agreement (mutual termination by parties)
- Insolvency (not necessarily termination of contract, trustee must administer insolvent estate)
- Supervening impossibility of performance (objective impossibility due to vis major or casus fortuitus)
- Death (does not normally terminate a contract, rights and duties pass to the deceased estate)
Marriage Agreements
- In community of property (joint ownership of assets, divided equally in divorce)
- Out of community of property (separate ownership of assets, no sharing in divorce)
- Out of community of property with the accrual system (each party's estate growth is calculated, and the party with more growth must pay half the difference to the other party)
Worksheet 2023
- Calculations for divorce settlement:
- In community of property: R2,400,000 / 2 = R1,200,000 each
- Out of community of property: Mr. Smith - R2,000,000, Mrs. Smith - R400,000
- Out of community of property with the accrual system: Mr. Smith's growth - R1,700,000, Mrs. Smith's growth - R300,000, difference - R1,400,000, Mr. Smith must pay R700,000 to Mrs. Smith (R1,400,000 / 2)
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Description
Understand the different forms of breach of contract, including mora debitoris, mora creditoris, repudiation, and rendering performance impossible.
