1. Breach of contract

2. Breach of contract Mora debitoris Mora creditoris
Positive malperformance
Repudiation
Prevention of performance

3. Mora debitoris “The debtor is late” Debtor fails to perform on time
Two requirements
Performance delayed
Delay is due to the fault of the debtor
Two types of mora
Mora ex re
Mora ex persona

4. Failure to perform on time
Mora ex re – where a time for performance has been set and debtor fails to perform, he is automatically in mora
Mora ex persona – where no time for performance has been set & creditor then demands performance within a reasonable time & debtor fails to perform

5. Delay due to debtor Delay must be due to the fault of the debtor
Can be intentional or negligent

6. Mora creditoris
The creditor is late

7. Requirements for mora creditoris
Performance must be dischargeable
Debtor must tender performance
Creditor must fail to co-operate & thereby delay performance
Default must be due to the fault of the creditor

8. Consequences of mora
Mora debitoris
Mora creditoris
Creditor entitled to remedies for breach of contract
Debtor’s duty of care is reduced
Debtor entitled to any counter performance due by the debtor

9. Positive malperformance
Debtor renders or tenders defective performance
Debtor does something not allowed in agreement

10. repudiation
Behaviour by a party which indicates that they have no intention of honouring the contract
Denial of the contract

11. Prevention of performance
Conduct by a party which renders their own performance impossible
Eg: I set alight the car that I have sold to you before I deliver it

12. Remedies for breach Specific performance Interdict Cancellation
Damages

13. Specific performance Generally not granted
Where impossible for debtor to perform
Where damages would be adequate remedy
Where it would be unfair to defendant
Where performance would involve personal relationship

14. cancellation If breach material – may cancel and claim damages
Where breach not material – damages only, no cancellation
Measure of damages the same in both cases – put plaintiff in position he would have been if contract had been properly performed

15. Proving damages
Loss must have been a natural & direct consequence of the breach
Liability limited to loss that would have reasonably been forseen
Loss must be measurable in money
Loss incurred or gain not made
Plaintiff must prove his damages

16. Duty to mitigate
The injured party has a duty to mitigate their damages