MORA DEBITORIS AND THE PRINCIPLE OF STRICT LIABILITY: SCOIN TRADING (PTY) LTD V BERNSTEIN 2011 2 SA 118 (SCA).

The article discusses the KwaZulu Natal High Court's decision in the case of Scoin Trading (Pty) Ltd v. Bernstein., which examines the contractual relations regarding the breach in the form of mora debitoris by a deceased person. It mentions the argument of the respondent claming that the deceased was not at fault in failing to pay the balance amount due to his untimely demise and hence was not be liable for mora interest. It also mentions the judgment where in the granting for the capital sum was amended and claim for interest was dismissed.