13-841. Prevention; excuse for nonperformance.
A party to a contract who prevents the other party from performing a contractual obligation cannot take advantage of the non-performance. The party prevented from performing is excused from the obligation to perform.
USE NOTES
This instruction is to be used where one party prevents either fulfillment of a condition precedent to performance or performance itself. The instruction should be modified if a party contends that it was wrongfully hindered, as opposed to prevented, from performing.
[Adopted, effective November 1, 1991; as amended by Supreme Court Order No. 20-8300-006, effective for all cases pending or filed on or after December 31, 2020.]
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.