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In an contract signed, when the debtor does not perform at the agreed time or has delayed performance, this is often called

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2 parts
i

C. Mora Debitoris\text{C. Mora Debitoris}

2

B. Interdict\text{B. Interdict}

QUESTION 1.

i. In a contract signed, when the debtor does not perform at the agreed time or has delayed performance, this is often called C. Mora Debitoris.
The answer is C. Mora Debitoris\boxed{\text{C. Mora Debitoris}}

ii. When the creditor fails and / or refuses to give cooperation when the debtor is willing and able to perform or has already performed, this is known as Mora Creditoris. The requirements that must be proven are:

  • The debtor must have been willing and able to perform.
  • The debtor must have tendered performance to the creditor.
  • The creditor must have failed to accept performance or cooperate.

iii. The type of breach of contract when the debtor does something that s/he is not supposed to do is called Positive Malperformance.

QUESTION 2.
The remedy available for the aggrieved party when specific performance is not a feasible option to rectify the breach, where an order prohibiting or compelling performance can be obtained, is B. Interdict.
An interdict is a court order that either prohibits a party from doing something (prohibitory interdict) or compels them to do something (mandatory interdict).
The answer is B. Interdict\boxed{\text{B. Interdict}}

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