Chapter

Defence of Refusal to Perform

G. H. Treitel

in Remedies for Breach of Contract

Published in print October 1988 | ISBN: 9780198255000
Published online March 2012 | e-ISBN: 9780191681554 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255000.003.0008
Defence of Refusal to Perform

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One of the most effective remedies of the aggrieved party is simply to refuse to perform his own part of the contract. The remedy is effective because it amounts to a sort of self-help, no recourse to legal proceedings by the aggrieved party being required. Sometimes, the refusal will merely be a part of, or a step towards, the remedy of termination. But a failure to perform may also have the less drastic effect of entitling the aggrieved party to refuse to perform at least for so long as the failure persists. This chapter focuses on this type of refusal to perform. Effect is given to such a refusal by the defence known in civil law systems as the exceptio non adimpleti contractus (exception d'inexécution; Einrede des nicht eifüllten Vertrags).

Keywords: remedies; contracts; civil law; refusal to perform; failure to perform; termination; exceptio non adimpleti contractus

Chapter.  40676 words. 

Subjects: Civil Law

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