Consumer Information

Author : Conveyancing24.co.za

Remedies in case of a breach of contract

What remedies does a party to a deed of sale have if the other party fails to fulfil his or her contractual obligations?

The first step to be taken under such circumstances is to consider the wording of the clause in the deed of sale relating to the breach of the contract by one of the parties. Almost all deeds of sale contain such a clause.

Most of these clauses state that in the event of the one party (the defaulting party) failing to fulfil his or her contractual obligations then the other party (the aggrieved party) must send a notice to the defaulting party demanding that they remedy the breach within a certain period (usually between 7 and 14 days)……