  Contract Performance or DeliveryIn order for a party to enforce a contract, that party must fulfill the actions contemplated by the terms of the contract. Consequently, a party's ability to seek a remedy in court depends upon the extent to which that party has performed his or her duties under the terms of the contract. For example, if the terms of a contract for the sale of equipment require the purchaser to pay $200,000.00 to the seller before the seller is obligated to deliver the equipment, the purchaser may not enforce the contract until he or she has actually tendered the amount due. Conversely, if the contract requires the seller to deliver the equipment before payment becomes due (e.g., under an installment sales contract), the seller may not enforce the buyer's obligation to pay until delivery has been made. Thus, in most "breach of contract" cases, the plaintiff will claim that it performed all of its duties under the contract, whereas the defendant failed to perform its duties or obligations. Previous Page  Next Page
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