n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Notices in terms of the National Credit Act : wholesale national confusion. : analyses

Volume 22, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Breach of contract, like mosquitoes, naughty children and goalless soccer, is a fact of life. Should one ask a layperson what a creditor's right is if breach of contract occurs, he or she will invariably and very confidently answer that the creditor may cancel the contract. In fact, many lawyers who are not regularly involved with contracts will provide the same response. This is, of course, not correct. Cancellation of a contract is an extraordinary remedy. Broadly speaking, cancellation is allowed only when the breach is material enough to justify termination or when the creditor can rely on a lex commissoria in the contract (DJ Joubert (1987) at 236; S van der Merwe et al 3 uitg (2007) at 424).

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