breach of contract and remedies for breach
requirement for an amount of compensation
1. Loss must be one which was reasonably foreseeable or one which was actually within contemplation of the parties 2.Innocent party must attempt to mitigate the loss
Cases regarding Exceptio non adempleti contractus
1.Motor Racing enterprises v NPS electronics 2.BK Tooling (Edms) Bpk v Scope Precision Engineering (Edms)
requirements for mora creditoris
1.Performance must be due or creditor has been given reasonable notice to accept performance 2. The debtor tenders proper performance
when will court not consider specific performance
1.performance inappropriate 2.contrary boni mores 3.harsh to expect debtor 4.Cost to defendant out of proportion
reciprocal obligations
Aggrieved party may claim specific performance only if he is willing to tender reciprocal obligations owed
Positive malperformance
Debtor performs but performance is defective or below required standard
Motor Racing enterprises v NPS electronics
Exceptio non adempleti contractus is applied, and re-enforced by courts
BK Tooling (Edms) Bpk v Scope Precision Engineering (Edms)
Exceptio non adempleti contractus is applied,but BK tooling had to pay reduced price on defective items since they were fixed
when unilateral cancellation appropriate
Fundamental breach of material term and Contract provides for cancellation
cases about court not enforcing specific performance
Haynes v King William's Town Municipality (contra boni mores)
Declaration of rights
High court may enquire into and determine rights & obligations and a declaratory must be given
Prevention of performance
Inability to perform occasioned by one of the parties
requirement for mora debitoris
Performance must be due (and possible) and Obligation must be enforceable
Case regarding loss that is reasonably forseeable
Victoria Laundry (Windsor) Ltd v Newman Industries
Damages in delict
contractual claims also include non-financial loss such as emotional pain and suffering
damages in breach of contract
contractual claims limited to financial loss
types of remedies
declaration of rights, specific performance, cancellation, damages
interpallatio
due date stipulated in a contract or in a demand for performance by the creditor
court takes into account these forseeable losses
gains not made and loss actually suffered
types of breach
mora debitoris, mora creditors, positive malperformance, repudiation, preventation of performance
Specific performance
must perform as in contract, prohibitory or mandatory interdicts
requirements of repudiation
notification of intention, therefore intention must be reasonable
types of positive malperformance
positive and negative(debtor does something prohibited in terms of the contract )
Unilateral cancellation
remedy for breach, due to material breach. other party to be notified
requirements for mora(demand)
stipulate date for performance,written or oral,allow debtor reasonable time to perform
Exceptio non adempleti contractus
when aggrieved party doesnt perform obligations but expects specific performance from debtor- not bound
mora ex persona
when creditor demands(put debtor in more), but still does not perform
mora ex re
when the date has passed and the debtor has not yet performed