W & G Seaford Associates, L.P. v. Eastern Shore Markets, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• describing the “cardinal principle of contract law regarding conditions” (citing Restatement (Second) of Contracts § 245 (1981))
• finding assumption of risk inapplicable to the prevention argument because nothing in the agreement _19_ of prevention (like that just described above
• finding assumption of risk inapplicable to the prevention argument because nothing in the agreement “states that either party assumed the risk that the conditions would not occur” and such a term could not be implied
• Landlord “concedes that a lessor cannot recover possession of the premises and an amount representing solely accelerated rent.”
• ―Delaware courts follow the principle that a party who wrongfully prevents a thing from being done cannot avail itself of the nonperformance it has occasioned.‖
• “[A] party may not escape contractual liability by reliance upon failure of [a] condition precedent when [a] party wrongfully prevents performance of condition.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).