M Civ JI 142.61 Affirmative Defense - Failure of Performance

As an affirmative defense to the breach of contract claim, [ name of party being sued on contract ] claims that [ name of party ] did not sufficiently perform under the contract. To succeed on this defense, [ name of party being sued on contract ] has the burden of proving that [ name of party ]’s contractual performance was so seriously deficient that the material purpose of the contract ceased to exist or became worthless, and that the contract supports voiding it for this reason.

Comment

Innovation Ventures v Liquid Manufacturing, 499 MIch 491 (2016).

History

M Civ JI 142.61 was added January 2022.