Breach of contract

 

Legal Contracts

 

As much as people may become nervous about contracts, they must bear in mind that contracts are there to protect all the parties involved. Where parties are unable to agree on an aspect of a contract at any time, having the agreement reduced to writing, with all its relevant clauses, is very beneficial for both parties.

 

One essential clause in a contract deals with breaches of the agreement. A breach clause will set out all the consequences for the various types of breaches and gives both parties guidance and prescripts.

 

Bregman Moodley Incorporated specializes in legal contracts and business law and is on standby to assist you in resolving your disputes.

 

Types of Breach of Contract

 

Breach of contract can occur in several ways.

 

Mora debitoris is a situation where the debtor creates a breach of contract. The breach arises when the debtor delays performance and the cause is the debtor's fault.

 

Mora creditoris is when there has been a breach of contract on the creditor's part, where his delay has caused the violation and delays the debtor's performance. 

 

Positive malperformance is a breach where the debtor commits an act contrary to the terms of the agreement. It will occur that either the debtor provides improper or defective performance or performs in a way not specified in the contract.

 

Repudiation occurs when a party indicates to the other that they no longer intend to fulfil the contract. The party will typically try to withdraw from the agreement without justification. Repudiation can take place wholly or in part.

 

Prevention of performance is the final type of contract breach found in South African Law. In this instance, either the creditor culpably renders the debtor's performance impossible, or the debtor does so himself. 

 

Should you be experiencing any instances where there may be a breach of contract, be sure to contact Bregman Moodley Attorneys today for expert advice and assistance in legal contracts and business law.

The Construction of a Contract

 

A contract is an enforceable agreement where willing parties with capacity agree to specific terms in exchange for something. It contains a promise to do or give something in return for a valuable benefit, known as consideration.

 

Bregman MoodleyIncorporated specialises in all aspects of legal contracts and business law. For swift and professional assistance, be sure to contact them today.

 

The Enforceability of a Contract

 

For a contract to be valid and enforceable in law, it must comply with specific requirements.

 

Consensus between the parties is an essential requirement for establishing an enforceable contract. The parties' minds must be at one or have the same intention when entering the contract. The parties must also agree on the deal's consequences.

 

The parties must also have the necessary capacity to enter into a contract. This capacity also relates to the age or mental capacity of the relevant party. This party must be able to appreciate the consequences of entering into the contract. 

 

The contract must also be set out in definite terms, ensuring all aspects are understood. The agreement must be specific and clear.

 

All formalities must be adhered to concerning the conclusion of a particular contract. These will typically be legal formalities that affect the validity of the agreement.

 

The agreement must also be lawful to be enforceable and valid. One cannot enforce an illegal contract.

 

The performance set out in the contract must also be possible for the contract to be valid.

 

Different contracts will also require their formalities. Some contracts must be in writing, such as those agreements that relate to the disposition of immovable property. 

 

If you doubt the enforceability of your contract or may need to rely on any of these grounds relating to legal contracts and business law, contact Bregman Moodley Incorporated today for professional advice and assistance.

 

What's in a surname?

 

Change of surname on marriage 

A usual consequence of marriage is that the wife adopts the husband's surname, together with the designation "Mrs". She could also change her surname to a double-barrel surname. 

Legally, however, she is not obliged to use her husband's surname and may use either her maiden name or any other surname she bore before her marriage. Professional women often keep their maiden names. 

Change of man's surname 

On good cause shown, Home Affairs may authorise a man to change his surname. He must apply on the prescribed form, and the name change is placed in the gazette if approved. 

The husband is not permitted to take his wife's name except after application to the Director-General.

Change of surname on divorce or death 

On divorce or becoming a widow, a woman may revert to her maiden surname, retain her married name or revert to any name she bore at any prior time. 

The law affecting surnames 

The Births and Deaths Registration Act 51 of 1992 and The Children's Act 38 of 2005 govern the surname a child assumes at birth and when a woman or man may change his or her surname.

Section 13(3) of the Civil Union Act, 17 of 2006, stipulates that references to a 'husband, wife or spouse' must also apply to same-sex civil union partners.

The surname of a child at birth 

A legitimate child  

They take the surname of the father. 

A child born out of wedlock

 

• The child takes the surname of the mother. However, the child can assume the natural father's surname if both parents apply jointly to enter the father's surname in the birth register and the father acknowledges his paternity in writing.

 

• If parents marry any time after the child's birth, the law considers the child born of parents married at the time of their birth.

 A child born of voidable marriage

 

• The rights of a child born of a voidable marriage shall not be affected by the annulment of that marriage. A court cannot annul a voidable marriage until it has inquired into and considered safeguarding the rights and interests of a child of that marriage.

 

• If a court annuls a marriage involving a child, the law puts the father in the same position as the father of a child who divorced that child's mother.