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 other party's non-performance?
Where one party does not fulfill their performance, the non-breaching party is excused from performa...
How does a subsequent law or regulation affect performance of the contract?
If performance of a contract is later rendered illegal by a law, the parties' performance is excused...
What is frustration of purpose?
Frustration of purpose occurs when the purpose of the contract has become valueless due to a superve...
What are the consequences of impossibility or impracticability under the UCC?
If a seller's performance becomes impossible or impracticable, it is discharged only to the extent o...
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,...
How does a novation compare to a delegation?
A novation requires both parties to original contract to agree to replace one party and excuse them...
What is a novation?
A novation is an agreement by both parties to an existing contract and a new party to substitution o...
Under contract law, what is a modification?
A modification—also known as a "substituted agreement"—is an agreement by the parties to an existing...
How do courts treat checks tendered as payment in full?
Where a claim is uncertain, or subject to a genuine dispute, courts will accept an accord and satisf...
What is an accord and satisfaction?
An "accord" is an agreement by the parties to accept a different performance to an already existing...
What are conditions precedent?
A condition precedent is a condition that excuses performance until and unless it occurs.
How may a party eliminate express conditions?
Express conditions can be eliminated by waiver or prevention. If the person protected by, or benefit...
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...
What are express conditions?
An express condition is an explicit contractual provision providing that a party who is bound does n...
What happens if a contract is divisible and a party performs one of the units of the contract?
If a party performs one unit of a divisible contract, they are entitled to the agreed-upon equivalen...
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...
When is a contract divisible?
Under common law, a contract is divisible if: (1) each party's performance is divided into two or mo...
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...
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...
What is excuse due to insecurity about other party's performance?
A party may justifiably become insecure about the other party's performance when their words or cond...
What is required to retract an anticipatory repudiation?
A party that anticipatorily repudiates can withdraw their repudiation as long as the non-breaching p...
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; (...
What is excuse due to anticipatory repudiation?
Anticipatory repudiation occurs when the promisor, prior to the time set for performance of their pr...
How does the death of a party affect performance of the contract?
Generally, duties can be delegated, so death does not discharge contractual duties. However, where t...
What is impracticability?
Performance is impracticable and discharged where the party to perform encounters: (1) extreme and u...
What is rescission?
Rescission occurs when both parties agree to cancel the contract before completion of performance. I...
What are conditions subsequent?
A condition subsequent is a condition that occurs after the start of performance and excuses perform...
What is the doctrine of impossibility?
Contractual duties are discharged if it is objectively impossible to perform. When it comes to new c...
