Legal Definitions - failure to perform

Failure to Perform

"Failure to perform" refers to a situation where a party does not fulfill an obligation or duty that they were legally bound to carry out. This obligation often arises from the terms of a contract or a specific legal requirement. When a party fails to do what they promised or were legally mandated to do, it can lead to legal consequences for the defaulting party.

Here are some examples illustrating this concept:

• Example 1 (Service Contract):

  Imagine a homeowner hires a painting company to paint the entire exterior of their house, including all trim and doors, by a specific date. The contract clearly outlines these tasks. However, by the agreed-upon deadline, the painting company has only painted the main walls and left all the trim and doors unpainted.

  Explanation: The painting company has demonstrated a failure to perform because they did not complete all the tasks explicitly agreed upon in the contract, specifically leaving the trim and doors unpainted. This non-completion of the promised work constitutes a breach of their contractual obligation.

• Example 2 (Delivery of Goods):

  A restaurant chain orders 500 pounds of fresh seafood from a supplier, with a guaranteed delivery date of Friday morning for their weekend specials. The supplier, however, fails to deliver any seafood on Friday, citing logistical issues.

  Explanation: The seafood supplier has committed a failure to perform their contractual duty to deliver the specified goods by the agreed date. The restaurant chain relied on this delivery for their business operations, and the supplier's non-delivery is a clear instance of not fulfilling their obligation.

• Example 3 (Legal Duty/Obligation):

  A landlord is legally required by state housing codes to ensure that all rental properties have functioning smoke detectors and carbon monoxide detectors. A tenant reports that their apartment's smoke detector is broken and the carbon monoxide detector is missing. Despite repeated notifications, the landlord does not repair or replace these essential safety devices for several weeks.

  Explanation: The landlord has exhibited a failure to perform their legal duty to maintain safe living conditions by ensuring the presence and functionality of required safety devices. This is a failure to meet a statutory obligation, not just a contractual one.