unperformance
nounEtymology un- + performance
1
Law Failure to perform an act.
- CONDITION […] is a restraint annexed to a thing, so that by the unperformance the party to it shall receive prejudice and loss, and by the performance, commodity and advantage; […]1870, Samuel Orchart Beeton, Beeton's Science, Art, and Literature, page 546:
- We have seen that A has an 'equity to rescind', ie, the ability to petition the court of equity for an order of 'specific unperformance'. The question then is whether A can additionally effect a retransfer of the right themselves, without the aid of either the court or the defendant.2024, Paul S. Davies, Hans Tjio, Fraud and Risk in Commercial Law, page 186: