Excuse for Nonperformance

In one sentence

A legal reason why someone doesn't have to perform their contract obligations.

Plain English

An excuse for nonperformance is a valid legal reason that lets someone off the hook for not doing what they promised. Common excuses include impossibility (it became impossible to perform), impracticability (it became extremely difficult or expensive), and force majeure (an unforeseeable disaster like a hurricane). The excuse has to be genuine and not the party's own fault.

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Example

A band agrees to perform at your wedding, but a week before, the lead singer breaks their leg and can't perform. The injury may be an excuse for nonperformance if the contract didn't require them to find a replacement.

Used in a sentence

“The supplier argued that the pandemic was an excuse for nonperformance of the delivery contract.”

Related terms

Impracticability

Performance remains theoretically possible but becomes so difficult or expensive that it's unreasonably burdensome.

Substantial Breach

A failure to perform a contract that goes to the heart of the deal.

Force Majeure

An unforeseeable, uncontrollable event that excuses contract performance.

Termination for Convenience

Ending a contract without cause, usually by paying a penalty or notice fee.

Legality

The requirement that a contract's purpose must be lawful and not forbidden by law.

Obligation

A legal duty that a party must perform under a contract or law.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.