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Summary CONTRACT: SEMESTER 2 CASES, NOTES AND FLASH CARDS CA$14.33   Add to cart
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Summary CONTRACT: SEMESTER 2 CASES, NOTES AND FLASH CARDS
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  • Course
  • Contract Law (PVL3005W)
  • Institution
  • University Of Cape Town (UCT)

- received a first for contract primarily using these notes, pm me if you’d like a screenshot :) - this document provides notes from class, the textbook and what Prof. said - all prescribed semester 2 cases (stating the fact, issue, outcome and extra remarks as well as what the textbook conta...

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Document information

  • October 22, 2023
  • November 2, 2023
  • 100
  • 2023/2024
  • Summary

Subjects

  • contract law

Written for

  • University of Cape Town (UCT)
  • Contract Law (PVL3005W)
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Kaya Borkowski



Law of Contract

Content
- Notes from textbook and class
- quizlet/flashcards at the end of each section
- Practice Question on damages that Prof did with us
- All semester 2 prescribed cases
- Semester 1 Topic 1 and 5 notes and cases that will
be examined




Breach of Contract




What are the types of breach?

- mora (debitoris and creditoris)
- positive malperformance
- repudiation
- prevention of performance

When the breach merits rescission, what will happen?
- uphold the contract or by claiming either specific performance or, in appropriate cases,
the financial equivalent of such performance
or
- rescind the contract, tender the return of the other party's performance and claim
restitution


Distribution of this document is illegal

, Kaya Borkowski




Mora Debitoris
- Delay on the part of the debtor
- Note: mora is continuous – One may claim damages for mora in the past, one can claim
where performance has been rectified, but was rendered late.

Requirements
- the debt must be due and enforceable

- the time for performance must have been fixed (and the debtor failed to perform by this
time)

- failure to perform on time must be without lawful excuse

-fault? In Scoin Trading v Bernstein 2011, the SCA held that fault is not a requirement for
mora

-the performance must still be possible. If it is impossible, it is rather prevention of
performance

What is mora ex re?
- Where the parties have expressly or impliedly stipulated a time for performance

- they are automatically placed in mora (ex re), without the need for any intervention by
the creditor.

- But for this result to follow, the stipulated time must be, not only certain to arrive, but
also certain as to when it will arrive

What is mora ex persona?
- Where no time for performance has been stipulated in the contract, expressly or by
implication

- debtor not automatically placed in mora

- the creditor must place the debtor in mora by issuing a letter of demand (either
extra-judicially, a letter, orally or judicial summons)

- The creditor need not allow a reasonable period to elapse after the conclusion of the
contract before demanding performance

Question: does the debtor automatically fall into mora when they receive the letter of
demand from the creditor?
- no


Distribution of this document is illegal

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