§ 19-21 Contract - Excuse for Nonperformance - Repudiation of or Refusal to Perform Contract

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

§ 19-21 Contract - Excuse for Nonperformance - Repudiation of or Refusal to Perform Contract

Repudiation of a contract means refusal to perform a duty or obligation owed to the other party. It refers to the rejection or refusal of an offered or available right or privilege, or of a duty or relation.

Where one party to a contract repudiates it or refuses to perform it, the other party is not obligated to perform his promise, and such nonperformance does not render the other party liable in damages. A refusal by one party to perform obviates the necessity of a tender of performance by the adverse party.

An anticipatory repudiation or breach by a party to a contract generally excuses performance by the other party. That is, where one party repudiates in advance his obligations under the contract and refuses to be longer bound thereby, communicating such repudiation to the other party, the latter party is excused from further performance on his part.

Where, before performance is due, a party states that he will not perform, such repudiation excuses nonperformance of conditions by the other party, so that the other party...