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

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 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 Last free one today — make it count tomorrow, or type /upgrade for unlimited.