Part II Performance of the Obligation, 5 Excuses for Failure to Perform on Time
John E. Stannard
5.01 Excuses for failure to perform may be of various kinds, but in the present context we shall consider them under four headings: (1) exclusions and exceptions; (2) discharge by agreement, variation, waiver and estoppel; (3) prevention by the promisee; and (4) other supervening events. 5.02 A promisor may seek to negative or limit liability by reference to exclusions and exceptions contained in the contract. On the face of it this is a simple matter of construction, but the law has traditionally been suspicious of such clauses, and they therefore merit special...