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Legal Definitions - prevention doctrine

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Definition of prevention doctrine

The prevention doctrine is a fundamental principle in contract law. It states that when two parties enter into an agreement, each party has an unspoken, inherent duty not to take any action that would hinder or prevent the other party from fulfilling their part of the contract. Essentially, you cannot agree to a deal and then actively stop the other person from doing what they promised without facing legal consequences.

Here are a few examples to illustrate this concept:

  • Scenario: A homeowner hires a landscaping company to completely redesign their backyard, including installing new plants and a patio, with a completion date set for the end of summer. However, the homeowner then decides to store a large collection of old furniture and construction debris in the backyard, making it impossible for the landscapers to access the work area or begin their tasks.
    Explanation: The homeowner's action of cluttering the backyard directly prevents the landscaping company from performing its contractual obligations. Under the prevention doctrine, the landscaping company would be excused from any delays or inability to complete the work, as the homeowner actively created an impediment.
  • Scenario: A small business contracts with a web design firm to create a new e-commerce website. The contract specifies that the business must provide all product descriptions, images, and payment gateway details within the first month. Despite repeated requests, the business fails to provide this essential content, making it impossible for the web design firm to build out the product pages or integrate payment functionalities.
    Explanation: By withholding the necessary information, the business is preventing the web design firm from progressing with the website development. The prevention doctrine would apply, meaning the web design firm would not be held responsible for the project's delays or incomplete status due to the business's failure to provide required inputs.
  • Scenario: A tenant signs a lease agreement for a commercial space, which includes a clause allowing them to make certain approved renovations before moving in. The landlord, however, repeatedly denies the tenant access to the property for weeks, claiming various administrative delays, thereby preventing the tenant from starting the agreed-upon renovations within the stipulated timeframe.
    Explanation: The landlord's repeated denial of access actively prevents the tenant from exercising their contractual right to perform renovations. This situation falls under the prevention doctrine, potentially excusing the tenant from any delays in their move-in or renovation schedule and possibly giving them grounds for legal recourse against the landlord.

Simple Definition

The prevention doctrine is a contract law principle establishing an implied duty for each party not to do anything that prevents the other party from performing its contractual obligations. If one party hinders the other's performance, they generally cannot then claim the other party breached the contract.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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