The less than common excuse for a plaintiff not satisfying a required element of a breach of contract claim known as the prevention doctrine was addressed in the recent Delaware Court of Chancery decision styled World Energy, LLC v. Air Products and Chemicals, Inc., C.A. No. 2025-0912-MTZ (Del. Ch. July 6, 2026). The court addressed a breach of contract claim where the plaintiff unsuccessfully tried to explain its inability to establish one of the elements of a claim for breach of contract—namely that the plaintiff performed its own obligations under the contract.
Highlights
- The prevention doctrine is an excuse for a plaintiff not satisfying an element of a breach of contract claim that the plaintiff performed its obligations under the contract because the defendant’s failures to fulfill its obligations under the contract either prevented the plaintiff, or relieved the plaintiff, from performing its own contractual duties. Slip op. at 19-24.
- The court explained why none of the reasons provided or the facts alleged by the plaintiff justified its own non-performance of its contractual obligations notwithstanding its allegations on non-performance by the counterparty.
- The court also reasoned that daily communications between the parties about “moving forward with work on a project” cannot be reasonably interpreted as a definite promise such that it would satisfy a required element of either promissory estoppel or equitable estoppel. Slip op. at 32-34.
- The court explained why claims for mutual mistake and reformation were also rejected based on the facts alleged. Slip op. at 34-38.
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