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