exceptio non adempleti contractus

Phrase

 * 1)  An exception whereby a defendant can avoid his obligations to the plaintiff based on poor performance by the plaintiff.
 * 2) * "(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)

Translations

 * Spanish: excepción de falta de cumplimiento del contrato