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Contracts • Excuse of Non-Performance
K#119
Legal Definition
Where one party does not fulfill their performance, the non-breaching party is excused from performance. Under the common law, the breach must be material. A minor breach may suspend the duty of performance, but does not excuse it.
Plain English Explanation
When two parties enter into a contract, they are both bound and obligated to perform. However, when one party fails or refuses to hold up their end of the bargain, the law doesn't require the non-breaching party to fulfill their obligation to perform. Instead, the non-breaching party is excused from performance.
Note that to be excused from performance, the breach must be material. In other words, the breach must be so substantial that it would be unfair to force the non-breaching party to still perform.
Note that to be excused from performance, the breach must be material. In other words, the breach must be so substantial that it would be unfair to force the non-breaching party to still perform.
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