The prevention principle can excuse a breach of contract when a party has been prevented from performing the relevant obligation by a breach of the other party.

22 июл. 2024 г. · Court of Appeal finds party cannot avoid paying debt by relying on non-fulfilment of condition precedent caused by its own breach of contract.

25 июл. 2024 г. · A party cannot seek to take advantage of its own breach to avoid obligations it owes to a counterparty. The relevant parties in this case argued ...

9 мая 2019 г. · In this article we look at the rule of construction arising from the principle that a party to a contract should not be permitted to take advantage of its own ...

2 июл. 2024 г. · A party who, in breach of contract, prevents the fulfilment of a condition precedent to his obligation to pay a debt cannot rely on the unfulfilled condition ...

18 июл. 2024 г. · The Court of Appeal recently held that a buyer could not rely on its own breach of contract to avoid payment, and that the deposit they had ...

The well-established presumption that parties do not intend that either party should be able rely on its own breach of obligations to avoid a contract.

30 окт. 2023 г. · What does Prevention principle mean? The principle that a party cannot benefit from its own breach or act of prevention. In a construction ...

9 сент. 2011 г. · However, this judgement places a rational limit on that common position – a party cannot benefit from its own breach of contract – unless the ...

20 мая 2011 г. · The Court of Appeal considered the extent to which the parties had excluded or modified the presumption that a party cannot rely on its own breach.