§ 19-16 Contract - Performance by Non-breaching Party

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 19-16 Contract - Performance by Non-Breaching Party

The defendant claims that the plaintiff failed in some way to perform his obligations under the contract, and for that reason the defendant was justified in refusing to perform his own obligations.

An obligation to perform arises upon the making of a binding contract, even though it is not to be performed until a future date. "Performance" of a contract refers to the doing of the acts required by the agreement at the time and place therefor and in the manner stipulated. For a party to recover upon a contract for nonperformance by the other party, he must establish his own performance, or his offer and ability to perform, or a valid excuse for his failure to perform. That is to say, one who seeks to recover damages for breach of a contract, to which he was a party, must show the contract has been performed on his part, or at least that he was, at the appropriate time, able, ready and willing to so perform it.

A party may not insist upon the performance of a contract where he has brought about its breach. A plaintiff cannot prevail in an action for nonperformance of a contract if he alone is responsible for the nonperformance. If the impossibility of performance arises directly or even indirectly from the acts of...