A Study On The Breach Of Contract And The System Of Remedies For Breach Of Contract In South Africa Contract Law

Learn from the civil law and the common law system in the same time is a samecharacteristic of South Africa’s system of remedies for breach of contract and Chinesesystem of remedies for breach of contract, but there is a lang time for South Africa tolearn from them, and it has its own unique features, which we can learn from it. At thesame time, studies on the remedies system for breach of contract in South Africa can arebenefits for the communion of South Africa and China.In modern South African law, the concept of “breach of contract” include5kinds offorms of breach: mora debitoris, mora creditoris, positive malperformance, repudiation,prevention of performance. In which mora debitoris and mora creditoris are related tothe time of performance. Positive malperformance is related to the contents ofperformance. Repudiation and prevention of performance may be committed before thedead line for performance. In these forms of breach, mora debitoris reflects thecharacteristics of analyze-association of South Africa law, prevention of performancereflects the features of detailing matters with detailed method. The occurrence of breachof contract will produce a series of legal consequences, such as the innocent party canask for specific performance, terminate the contract, damages, penalty and so on.In South Africa, there are three types of remedies available to an innocent party after abreach of contract has taken place: remedies aimed at keeping the contract alive, whichinclude the exceptio non adimpleti contractus and claims for specific performance,remedies aimed at cancelling the agreement is a special remedy, and remedies aimed atcompensating the innocent party for loss or harm caused by the breach include claims forcontractual damages and claims for interest. Some of these remedies are mutuallyexclusive, but others may be used in combination with one another. Remedies system,some of South Africa’s system is also distinctive. For example, on specific performanceblend of Roman-Dutch law and English law arguments on both sides, that the plaintiff isentitled to request specific performance, but the rights are the constraints of the discretionof the judge. In the inner spiritual remedies for breach, South illegal more inclined toprotect the actual performance of the contract. The exercise of remedies for breach ofcontract rights, South Africa paid great attention to social policy and the unity of theparty autonomy, pay more attention to the interests of the parties to the contract design of the system to measure and value equity, the judge greater discretion on certain issues.The design of remedies for breach, South illegal pay more attention to details, such asbreach of contract damage calculation of the amount of default compensation andcausation determination.There are many differences between the system of remedies for breach of contract ofSouth Africa and China, such as breach of contract form, the form of default system,remedies for breach goal, the extra-territorial system learn mode. South Africa defaultrelief system in some respects can provide reference for the improvement of our system,for example, South Africa’s breach of contract arrangements of morphological system forour country to provide new understanding of the form of default system perspective, splitintegration of South Africa in the system learn from the way provide new ideas for ourreference in the development of the law.