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Meaning of breach contract12/18/2023 ![]() ![]() Mora Creditoris occurs when a debtor’s performance is dependent upon a creditor’s co-operation which is withheld. For example, Anne requests banking details to make her payment, but the creditor fails to supply her with it. Mora Creditoris occurs when the party (the creditor who receives performance) creates a situation where the other party (the debtor) cannot perform timeously.Anne (the debtor) is in mora as time was a crucial aspect of the contract. For example, Anne fails to pay her debt by a specific date. The party is still capable of performance but has failed to perform timeously. Mora Debitoris occurs when a party (the debtor who needs to perform) fails to perform an obligation timeously.There are five forms of breach, namely mora debitoris, mora creditoris, repudiation, prevention of performance as well as positive malperformance. ![]() This article explores the various forms of a breach of contract, which facts need to be proven in the event of a breach of contract as well as the legal remedies and defences available once a breach of contract has occurred. Breach of contract can occur in various ways, for example, by failing to deliver goods or services on time, failing to pay an agreed-upon amount, or violating any other terms of the agreement. Where either of the contracting parties fails to honour the terms of the contract in some way, a breach of contract occurs. CIPC BENEFICIAL OWNERSHIP REGIME COMPLIANCEīreach of Contract, What Remedies Are Available to You?Ī contract is a binding, often legally enforceable, agreement between two or more parties that creates the obligation to perform or, in some cases, to refrain from performing a certain duty. ![]()
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