Legal contracts and different types of breach of contract
03 Nov 2022
As much as people may become nervous about legal contracts, they must bear in mind that contracts are there to protect all the parties involved. Where parties are unable to agree on an aspect of a contract at any time, having the agreement reduced to writing, with all its relevant clauses, is very beneficial for both parties.
One essential clause in a contract deals with breaches of the agreement. A breach clause will set out all the consequences for the various types of breaches and gives both parties guidance and prescripts.
Bregman Moodley Incorporated specialises in legal contracts and business law and is on standby to assist you in resolving your disputes.
Types of breach of contract
Breach of contract can occur in several ways.
Mora debitoris is a situation where the debtor creates a breach of contract. The breach arises when the debtor delays performance and the cause is the debtor’s fault.
Mora creditoris is when there has been a breach of contract on the creditor’s part, where his delay has caused the violation and delays the debtor’s performance.
Positive malperformance is a breach where the debtor commits an act contrary to the terms of the agreement. It will occur that either the debtor provides improper or defective performance or performs in a way not specified in the contract.
Repudiation occurs when a party indicates to the other that they no longer intend to fulfil the contract. The party will typically try to withdraw from the agreement without justification. Repudiation can take place wholly or in part.
Prevention of performance is the final type of contract breach found in South African law. In this instance, either the creditor culpably renders the debtor’s performance impossible, or the debtor does so himself.
Should you be experiencing any instances where there may be a breach of contract, be sure to contact Bregman Moodley Attorneys today for expert advice and assistance in legal contracts and business law.
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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
Roy Bregman
Roy Bregman is an accredited divorce mediator and specialises in: - Drafting of antenuptial and postnuptial contracts; - Winding up of deceased estates; - Arbitration, mediation and alternative dispute resolution;...
