Explore the legal terms and concepts related to Excuse of Non-Performance. Click on any term below to learn more about its definition and applications.
What is excuse due to anticipatory repudiation?
Anticipatory repudiation occurs when the promisor, prior to the time set for performance of their pr...
What options does the non-breaching party have in response to an anticipatory repudiation?
The non-breaching party has four options: (1) treat it as a total repudiation and sue immediately; (...
Under common law, is late performance a material breach?
If timely performance is essential, failure to do so can constitute a material breach. However, mere...
Under common law, when is counter-performance excused?
Under common law, damages can be recovered for any breach, including a minor breach. However, only a...
Under common law, when may a breaching party recover in a divisible contract?
In a divisible contract, the breaching party can recover for substantial performance of a divisible...
What level of compliance is required to satisfy an express condition?
Generally, strict compliance is required to satisfy a condition, except in the case of personal sati...
How is performance affected when the subject matter of the contract is damaged or destroyed?
Under common law, destruction of the subject matter triggers the doctrine of impossibility. However,...
What is excuse due to improper performance?
If a promisor has an absolute duty to perform, and fails to perform, this failure amounts to a breac...
Under contract law, what is a modification?
A modification—also known as a "substituted agreement"—is an agreement by the parties to an existing...
What is impracticability?
Performance is impracticable and discharged where the party to perform encounters: (1) extreme and u...
What is frustration of purpose?
Frustration of purpose occurs when the purpose of the contract has become valueless due to a superve...
What is the doctrine of impossibility?
Contractual duties are discharged if it is objectively impossible to perform. When it comes to new c...
