AMI 2441 Defense—Plaintiff's Prevention of Performance
Ark. Model Jury Instr., Civil AMI 2441
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 24. Contracts
Defenses
AMI 2441 Defense—Plaintiff's Prevention of Performance
[Defendant] contends that [plaintiff] prevented complete performance of their contract by [defendant] and has the burden of proving this contention.
The failure of [defendant] to perform their contract is excused if [his][her][its] performance is prevented or hindered by the conduct of the [plaintiff].
[If you find from the evidence in this case that this proposition has been proved, then your verdict should be for [defendant]].
NOTE ON USE
Do not use this instruction if the contract involves a sale of goods and is governed by a provision of the Uniform Commercial Code, such as Ark. Code Ann. §§ 4-2-614, 4-2-615 or 4-2-616.
Do not use the bracketed paragraph if the case is submitted on interrogatories.
COMMENT
In Townes v. Oklahoma Mill Co., 85 Ark. 596, 599, 109 S.W. 548, 549 (1908), the court stated, “there is no breach of contract where performance is prevented by the conduct of the other party. The party whose own conduct prevents performance cannot complain of nonperformance.” This principle was observed in Harris v. Holder, 217 Ark. 434, 230 S.W.2d 645 (1950) and Cantrell-Waind & Associates, Inc. v. Guillaume Motorsports, Inc., 62 Ark. App. 66, 968 S.W.2d 72 (1998).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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