Mora
Define mora debitoris.
Debtor’s culpable delay in performing a due/enforceable obligation.
What is repudiation?
One party’s unjustified refusal to honor contractual obligations.
T/F: Damages can be claimed twice for the same breach.
False
What is positive malperformance?
Defective performance where a party over-delivers or misperforms
Define mora creditoris.
Creditor’s fault in failing to accept/cooperate with debtor’s performance.
What is initial impossibility?
Performance impossible at contract formation → void contract.
Can a party claim damages for stress caused by a breach?
Generally no, unless court awards discretionary compensation.
What distinguishes material from non-material breaches?
Material breaches allow cancellation; non-material only allow damages.
What must a creditor do to place a debtor in mora if no deadline exists?
Demand performance by a specified date.
What happens if repudiation is not accepted?
Contract remains enforceable, but no damages can be claimed.
Name three remedies for breach.
Damages, cancellation, specific performance.
What is the mitigation rule?
Innocent party must take reasonable steps to limit damages.
When is mora ex re triggered?
When a debtor misses a stipulated performance deadline automatically.
When is a party guilty of breach due to impossibility?
If their culpable conduct renders performance impossible.
What is the goal of damages?
Place the innocent party in the position they’d be in without the breach.
What is the "once-and-for-all" rule?
All claims must be filed in a single lawsuit.