Exceptio non adimpleti contractus
 | This article includes a list of references, related reading, or external links, but its sources remain unclear because it lacks inline citations. (August 2013) |
The exceptio non adimpleti contractus is a defence that can be raised in the case of a reciprocal contract. In essence, it is a remedy that allows a party to withhold his own performance, accompanied by a right to ward off a claim for such performance until the other party has duly performed his or her obligations under the contract.
Requirements for the exceptio non adimpleti contractus[edit]
Two requirements must be met in order for the exceptio non adimpleti contractus to be available. The two performances must be reciprocal to one another; and the other party must be obliged to perform first.
Bibliography[edit]
- Dale Hutchinson & Chris-James Pretorius. The Law of Contract in South Africa, 2nd edn. Cape Town: Oxford University Press, 2013.