Mora debitoris and the principle of strict liability : Scoin Trading (Pty) Ltd v Bernstein 2011 2 SA 118 (SCA)
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Date
Authors
Cornelius, Steve J.
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Faculty of Law, North West University
Abstract
Parties generally enter into contractual relations with the sincere intention to fulfil all the obligations created in terms of their contract. However, for various reasons, parties sometimes do not comply with the terms of their contract. Where a party fails to perform at the agreed date and time or after receiving a demand from the creditor, the debtor commits breach of contract in the form of mora debitoris. The question then arises whether or not a debtor would also commit breach in the form of mora debitoris if the delay in performance cannot be attributed to wilful disregard of the contract or a negligent failure to perform on time. This was the question which the court had to determine in Scoin Trading (Pty) Ltd v Bernstein.
Description
Keywords
Mora debitoris
Sustainable Development Goals
Citation
Cornelius, SJ 2012, 'Mora debitoris and the principle of strict liability : Scoin Trading (Pty) Ltd v Bernstein 2011 2 SA 118 (SCA)', Potchefstroom Electronic Law Journal, vol. 15, no. 5, pp. 600-626.