Excuse of Performance
/ɪkˈskjuːs əv pərˈfɔːrməns/
Definitions
- (n.) A legal justification or valid ground that prevents a party from being held liable for non-performance of a contractual duty.
The defendant invoked an excuse of performance, claiming impossibility due to unforeseen natural disaster.
- (n.) A defense excusing a party from liability when performance is rendered impossible, impracticable, or substantially frustrated.
Frustration of purpose is often treated as an excuse of performance in contract law.
Related terms
See also
Commentary
Excuse of performance functions as a defense to breach of contract claims, highlighting conditions where liability is negated due to external, unforeseen factors.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.