PREVENTION AND CO-OPERATION IN THE LAW OF CONTRACT

Abstract

The author divides the requirement of cooperation between contracting parties into two duties: 1) a duty not to prevent or hinder the occurrence of an express condition precedent on which the performance of the promisor depends; and 2) a duty to take all necessary and additional steps in the performance of the contract that will either materially assist the other party or will generally contribute to the bargain’s fulfillment. He uses the building cases, commission cases, employment cases, notice cases and the sale of goods context to illustrate the principle of cooperation in different forms.