 Liability for breach of contract is distinct from liability in delict, and fault is not a general requirement for the recovery of damages for breach of contract.A contract may, of course, create an obligation to exercise care or to act without negligence, but the breach of such an obligation does not per se constitute a delict; it only amounts to a delict where the conduct independently constitutes a delict, irrespective of the contractual obligation.Ordinary breach (or positive malperformance) relates to the content and quality of the performance made.