WHAT ARE THE 5 FORMS OF BREACH OF CONTRACT?

When it comes to breaches of contract, there are five distinct forms that can occur. It’s important to be familiar with these forms to navigate contractual agreements effectively. Let’s take a closer look at each of them:

Mora Debitoris: This type of breach is one of the types of breach that occurs when the debtor, who is responsible for performing an obligation, fails to do so within the agreed-upon time frame. Although the debtor is still capable of fulfilling their part, they have neglected to do so on time.

Mora Creditoris: In this case, the creditor, who is supposed to receive the performance, creates circumstances that prevent the debtor from fulfilling their obligation on time.

Repudiation: Repudiation occurs when one party, either through written communication or conduct, clearly expresses the intention to no longer abide by the terms of the contract, potentially leading to contract termination. For instance, if a contractor refuses to carry out the work or abandons it before completion, it constitutes repudiation.

Prevention of Performance: This form of breach arises when either the debtor or the creditor renders it impossible to fulfill the agreed-upon obligations. It can occur when one party’s actions or inactions obstruct the performance of the other party.

Positive Malperformance: Refers to a situation where a party performs their obligations but does so in an incomplete or defective manner. This form of breach happens when the performance falls short of the agreed-upon standards.