Summary CONTRACT: SEMESTER 2 CASES, NOTES AND FLASH CARDS
206 views 7 purchases
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...
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LawGuru. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.96. You're not tied to anything after your purchase.
