Business Law 1A
Tutorial Exercise 11
Remedies for Breach of Contract
9th – 13th May 2016
1. List the three main remedies for breach of contract. (3)
2. List the three possible orders that a court can grant under execution of the contract. (3)
3. List the circumstances under which an innocent party will be entitled to cancel the
contract for mora creditoris. (3)
4. Discuss the exceptio non adimpleti contractus. (4)
5. Discuss the consequences of cancellation of a contract. (3)
6. State whether the following statements regarding damages are true or false and provide
a reason for your answer.
6.1 The innocent party is automatically entitled to damages because a breach of contract
has occurred. (2)
6.2 The onus of proving the loss suffered rests on the party who caused the damages or
loss. (2)
6.3 Damages to compensate for intangible losses, such as moral or sentimental damages,
cannot be claimed in terms of a contract. (2)
7. Indicate the most appropriate remedy or order that the injured party will be entitled to in
the following instances.
7.1 Jenny leased a shop in Northcliff Corner from Jack for a period of 3 years.
The contract of lease prohibits subletting, however, Jenny intends on
subletting Jack’s shop to Kenny. (1)
Tutorial Exercise 11
Remedies for Breach of Contract
9th – 13th May 2016
1. List the three main remedies for breach of contract. (3)
2. List the three possible orders that a court can grant under execution of the contract. (3)
3. List the circumstances under which an innocent party will be entitled to cancel the
contract for mora creditoris. (3)
4. Discuss the exceptio non adimpleti contractus. (4)
5. Discuss the consequences of cancellation of a contract. (3)
6. State whether the following statements regarding damages are true or false and provide
a reason for your answer.
6.1 The innocent party is automatically entitled to damages because a breach of contract
has occurred. (2)
6.2 The onus of proving the loss suffered rests on the party who caused the damages or
loss. (2)
6.3 Damages to compensate for intangible losses, such as moral or sentimental damages,
cannot be claimed in terms of a contract. (2)
7. Indicate the most appropriate remedy or order that the injured party will be entitled to in
the following instances.
7.1 Jenny leased a shop in Northcliff Corner from Jack for a period of 3 years.
The contract of lease prohibits subletting, however, Jenny intends on
subletting Jack’s shop to Kenny. (1)
