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UT · jury_instructions

MUJI 2d CV2113

When performance is not excused by other party's non-performance.

activein force · 2026-08-21 – presentas-observed

[Name of Party] cannot by a willful act or omission make it difficult or impossible for [name of other party] to perform [describe obligation] and then be excused from performing the obligation because [name of other party] did not perform.

If you decide that [name of party] was willing and able to perform [his] obligation, but that [he] could not perform the obligation because of something that [name of other party] purposely did or failed to do, then [name of party] was excused from performing [his] obligation.

Provenance

Source
legacy.utcourts.gov
Retrieved
2026-08-22
Edition
2026-08-21
Content hash
964df4235dab77a0a51bd10207aa7b95c9fdc09ba2747fb9c31490fc019cf0b9
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