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Summary - Commercial Law IA (cla1501) R141,33
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Summary - Commercial Law IA (cla1501)

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  • October 9, 2024
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COMMERCIAL LAW CLA1501
(Chapter 10: Breach of Contract)


One of the party does not honour the terms/ their performance towards the contract
Refers to specific
NOTE NB: In Law of Contract: obligations/points of performance
in the contract & not contract as a
Party that must perform = “debtor” whole

Party with corresponding right to receive that performance = “creditor”
Reciprocal contracts – contract of sale- both parties are simultaneously obliged to perform and entitled to
performance = both debtor & creditor in respect of different performances. Refer to table on page 113 of
manual


Not all forms of breach of contract can be committed by debtor & creditor:
Can be committed by Can be committed by
Type of Breach
Debtor Creditor
Default of the debtor  x
Default of the creditor x 
Positive malperformance  x
Repudiation  
Prevention of performance  

Same transaction between parties may create several different rights and duties, hence in context of breach of
contract it’s NB to ascertain which performance obligation gave rise to a ‘problem’ and then determine if it was
the debtor or creditor in respect of that performance who is responsible for the breach.

Purchaser – Pay Performs Seller – Deliver Seller owes item to Seller – to deliver 
Debtor payment Creditor Purchaser becomes Debtor to
Purchaser who is
now seen as
Creditor at this point
BREACH OF CONTRACT; 5 DIFFERENT WAYS in contract.


1) DEFAULT OF DEBTOR
Default of Debtor = they fail to perform on time and the delay is their fault
2 Requirements for default by debtor to occur:
 Pertains to time only and no other aspects of contract
 Debtor in mora if not performed on date/time agreed then letter of demand
issued to allows debtor to perform in new reasonable time frame. If
performance still late then = debtor default = mora ex persona
1. Performance must
 Reasonable time dependant on contract & circumstances, court takes
be late
following into consideration
 Parties’ intention
 Nature of performance due
 Difficulties/delays experienced by the parties at conclusion of the
contract

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