Excuses for Contractual Non-Performance and Relief from Forfeiture Under the California Civil Code | Practical Law

Excuses for Contractual Non-Performance and Relief from Forfeiture Under the California Civil Code | Practical Law

A Practice Note discussing the provisions and application of California Civil Code Section 1511, which may excuse a client's contractual non-performance in certain circumstances, and Section 3275, which may relieve a forfeiture under the terms of the agreement if the client breaches the agreement but offers full compensation. This Note details the requirements of Section 1511 and Section 3275, describes circumstances in which Section 1511 may not apply to excuse non-performance but under Section 3275 it may still be possible for the client to avoid a forfeiture for breach, and identifies key factors for counsel to consider under Sections 1511 and 3275 when advising a client facing obstacles to contractual performance.

Excuses for Contractual Non-Performance and Relief from Forfeiture Under the California Civil Code

by Practical Law Commercial Transactions
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A Practice Note discussing the provisions and application of California Civil Code Section 1511, which may excuse a client's contractual non-performance in certain circumstances, and Section 3275, which may relieve a forfeiture under the terms of the agreement if the client breaches the agreement but offers full compensation. This Note details the requirements of Section 1511 and Section 3275, describes circumstances in which Section 1511 may not apply to excuse non-performance but under Section 3275 it may still be possible for the client to avoid a forfeiture for breach, and identifies key factors for counsel to consider under Sections 1511 and 3275 when advising a client facing obstacles to contractual performance.