Refusal to perform permits the promisee to terminate the contract unless they acquiesce, with damages available. When one party refuses or disables performance of a promise in its entirety, the promisee may end the contract unless the promisee has by words or conduct signified acquiescence in its continuance; if the promisee does acquiesce and performance subsequently occurs, the contract continues but the promisee may claim compensation for damage sustained by the earlier failure.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Refusal to perform permits the promisee to terminate the contract unless they acquiesce, with damages available.
When one party refuses or disables performance of a promise in its entirety, the promisee may end the contract unless the promisee has by words or conduct signified acquiescence in its continuance; if the promisee does acquiesce and performance subsequently occurs, the contract continues but the promisee may claim compensation for damage sustained by the earlier failure.
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