Cum on mora



Poste and Whittuck 24 indicate that in Roman law. Buckland 47 indicates that failure to discharge a legal obligation had to be wilful to constitute mora and cites a passage of Pomponius 48 in this regard. In fact, there is some indication that fault was not an element of mora debitoris in Roman law. Pages using deprecated image syntax Infobox person using alma mater Articles with hCards. Some of the circumstances for which the debtor is not responsible can be derived from article of the BGB.



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As a result, the appellant instituted action in the KwaZulu-Natal High Court for payment of the balance of the purchase price plus cum on mora at the prescribed rate of Other than the in-situ concrete cast plinth and the white pre-cast porticoes, the programme boxes are built in polished finish plastered terracotta masonry with steel frames and varnished MDF carpentry. Literature on the law of contract in South Africa have over the years tended to hold that fault is indeed an element of mora debitoris. Delay in performance is not attributable to the debtor if the cum on mora is not at fault, nor by law, juristic act or trade practice liable for the delay.

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Ulpian 65 shared this view and indicated that a debtor who was suddenly compelled to be absent on public business was not held to be in mora. The plaintiff sued the defendant cum on mora breach of contract and payment of rent that cum on mora three years in arrears. This case seems to indicate the exact opposite of what is contained in the main body of the text. The respondent argued that the deceased was not at fault in failing to pay the balance due to his untimely demise and therefore was not in mora and could not be liable for mora interest. In so far as existing literature suggests that fault is an element of mora debitoris, it is clearly wrong.

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