BREACH+OF+CONTRACT+EXPLAINED+BY+MEANS+OF+A+PRACTICAL+EXAMPLE (2).docx

BREACH OF CONTRACT
-It is the act of breaking the terms set out in a contract
-A party's failure to fulfill any of its contractual obligations
Below is a practical example of a breach of a contract of sale ( particulars of claim where the plaintiff
pleaded that defendant breached terms of the contract of sale)
PARTICULARS OF CLAIM
PLAINTIFF:
1. The Plaintiff is …………….. an adult male and of 14 Kingways Street, Kwanobuhle, Uitenhage.
DEFENDANT:
1 The Defendant is …………….., whose place of business is 46 Kwanobuhle, Shoprite Mall
Kwanobuhle , Uitenhage.
JURISDICTION:
1 The whole cause of action arose within the jurisdiction of the above Honourable Court.
COURSE OF ACTION:
1 During September 2016 the Parties entered into an oral Agreement of sale in terms of which the
Defendant offered to buy Plaintiff’s White Pajero Mitsubishi with registration letters and
numbers DPZ 427EC.
1 The terms of the agreement were as follows;
5.1 The purchase price was R30 000.00;
5.2 The deposit payable was R2000.00;