Excuses for Nonperformance: Conditions Following Contract Formation


This practice note discusses the various excuses that a party to a contract can rely on to justifiably avoid performance. They are commonly used as affirmative defenses in litigation claiming breach of contract. This practice note covers excuses that develop after contract formation, such as failure of a condition, supervening events, impossibility, impracticability, frustration of purpose, anticipatory repudiation, and later agreements between the parties (including modifications, waivers, rescissions, and accord and satisfactions).