WI · jury_instructions
Wis JI-Civil 3076
Contracts: Rescission for Nonperformance
Not every breach of a contract or failure exactly to perform entitles the other party to rescind.
Rescission is not permitted for a slight, casual, trivial, or technical failure to perform the obligations
of the contract.
A contract may be rescinded by a party only if the other party has breached the contract in a
substantial manner so serious as to destroy the essential objects or purposes of the contract.
Where a party unjustifiably or persistently refuses to perform a material contract obligation or
is so neglectful in the performance of the contract as to indicate an intention not to comply
substantially with the contract, the other party to the contract is entitled to regard the attitude of the
first party as a repudiation of the contract, and may rescind the contract by indicating this rescission
to the first party.
History
Wis JI-Civil 3076 (2001). ©2001, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e8ac8785a094c8ddffb0103d92ba9ed8f2886fa3b260934829e37f0cc5e040f8
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