exceptio non adempleti contractus
Definition from Wiktionary, the free dictionary
- (law) An exception whereby a defendant can avoid his obligations to the plaintiff based on poor performance by the plaintiff.
- "(T)he contention is advanced that the exceptio non adempleti contractus should only be available to the owner where the nature of the defect in the work delivered is of so substantial a nature as to entitle the owner to refuse to accept the work." MACFARLANE v CROOKE 1951 (3) SA 256 (C)
A list of common exceptions at exceptio