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Remedies for breach of contract in South Africa
Mini Dissertation (LLM (Contract Law))--University of Pretoria, 2023.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613702500384768 |
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| access_status_str | Open Access |
| author2 | Cornelius, Steve J. |
| author_browse | Cornelius, Steve J. |
| author_facet | Cornelius, Steve J. |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Contract Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/94802 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:20.984Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/94802 Remedies for breach of contract in South Africa Cornelius, Steve J. kenomokolobate@gmail.com Mokolobate, Kenosi Norman UCTD Remedies Breach of contract Acceleration clause Penalty clause Forfeiture clause Interest clause Cancellation clause Damages Forms of breach Mini Dissertation (LLM (Contract Law))--University of Pretoria, 2023. If a contracting party fails to fulfil its obligations it is in breach of the contract. The innocent party may sue the defaulting party for breach of contract. Our law recognises a unitary concept of breach which encompasses specific forms of breach i.e., mora debitoris, mora creditoris, positive malperformance, repudiation, and prevention of performance. For each form of breach, remedies for breach are the same. There are five remedies for breach, specific performance, declaration of rights, damages, interdict and cancellation. Each remedy has its requirements and consequences on the position of a defaulting party. Certain remedies may be claimed in combination or in the alternative as they are mutually exclusive. Interpretation of a contract requires an in-depth knowledge of substantive law and case law. As our courts are tasked with interpreting the law and thus guidance for interpreting remedy clauses may be sought from decided cases. In interpreting remedies for breach, normal rules of interpretation apply. This involves attributing meaning to words contained in a contract by giving words their ordinary grammatical meaning as used in everyday sense. Thus, interpretation of a contract involves ascertaining what the language in the contract means. Express words take precedence over tacit or implied words. To give effect to the principle of equity underlying the law of contract, Roman law recognised the need for certain presumptions from which interpretation could proceed. For example, it is presumed that contracts are performed ‘in forma specifica.’ Whether there must be performance ‘in forma specifica’ a court will be careful to apply the legal notion of de minimis non curat lex. Drafting of remedy clauses require an in-depth knowledge of substantive and case law to ensure that drafted remedy clauses are enforceable. Whilst there are no rules for drafting of contractual remedies, specific ways of drafting contractual clauses are preferred more than others. This study firstly explores substantive law overlaying contractual remedies. Secondly, the study investigates the rules of interpretation of contractual remedies. Lastly, the study applies substantive law and rules of interpretation to redraft certain precedents for remedy clauses. Private Law LLM (Contract Law) Unrestricted Faculty of Laws None 2024-02-21T14:17:18Z 2024-02-21T14:17:18Z 2024-04 2023 Dissertation * A2024 http://hdl.handle.net/2263/94802 Disclaimer Letter en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Remedies Breach of contract Acceleration clause Penalty clause Forfeiture clause Interest clause Cancellation clause Damages Forms of breach Remedies for breach of contract in South Africa |
| title | Remedies for breach of contract in South Africa |
| title_full | Remedies for breach of contract in South Africa |
| title_fullStr | Remedies for breach of contract in South Africa |
| title_full_unstemmed | Remedies for breach of contract in South Africa |
| title_short | Remedies for breach of contract in South Africa |
| title_sort | remedies for breach of contract in south africa |
| topic | UCTD Remedies Breach of contract Acceleration clause Penalty clause Forfeiture clause Interest clause Cancellation clause Damages Forms of breach |
| url | http://hdl.handle.net/2263/94802 |