malperformance

"The only things that evolve by themselves in an organization are disorder, friction and malperformance."

Ordinary breach or positive malperformance relates to the content of the performance made.

It relates, then, to the time of the performance, specifically the failure to meet it, and is for this reason sometimes referred to as negative malperformance.

Where the debtor has a negative obligation, positive malperformance occurs when the debtor does the act he is bound to refrain from doing.

In the case of the positive malperformance of a negative obligation, the creditor is also entitled to apply for an interdict to restrain the debtor.

(It is unclear, but irrelevant, whether fault is an element of positive malperformance; it is assumed.)

An online investigation on technical problems with electronic voting machines started by an activist Bev Harris in 2003 eventually forced traditional media outlets to address issue of electronic voting malperformance.

A second consequence is that malperformance is particularly likely to be revealed by differential treatment (in the case of corruption it is of course assumed that it is not revealed).