Example sentences of "failure to perform [art] [noun sg] " in BNC.
Next page| No | Sentence |
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| 1 | Sections 3(1) and 3(2) of the UCTA prevent the use of an exemption clause to exclude liability for breach , deviation or failure to perform a contract , in whole or part , unless it satisfies the test of reasonableness . |
| 2 | Clearly , total exclusion of liability for failure to perform a contract at all because of wilful default will not be reasonable under s 3 . |
| 3 | Equally , total exclusion of liability for failure to perform a contract at all because of circumstances beyond the control of the party in default ( ie reasons of force majeure or an act of the other party ) will conversely be reasonable in nearly all circumstances . |
| 4 | Total exclusion of liability for failure to perform a contract at all is unlikely to be reasonable where it occurs because of acts or omissions within the control of the party in default , which are caused by negligence , incompetence or inadvertence but not wilful default ( " inadvertent default " ) . |
| 5 | Either he can at once accept the anticipatory breach as a repudiation and immediately claim damages or else he can refuse to accept it as a repudiation and wait until there has been actual failure to perform the contract ( as opposed to an anticipatory one ) . |
| 6 | said that conditions ‘ go so directly to the substance of the contract or , in other words , are so essential to its very nature that their non-performance may fairly be considered by the other party as a substantial failure to perform the contract at all . ’ |
| 7 | The first was based on the concept that a contract might contain a fundamental term — a core obligation — so that a failure to perform the fundamental term would amount to a total failure to perform the contract . |
| 8 | Breach of statutory duty can take the form either of non-feasance ( i.e. failure to perform the duty ) or misfeasance ( i.e. bad performance ) . |