partial failure of consideration


partial failure of consideration
The failure of a party to a contract to receive all that was due him under the terms of the contract. A defense pro tanto; an excuse for nonperformance by the other party where there is no substantial consideration left in support of the promise of the other party. 17 Am J2d Contr § 100. Recognizable only as the part is determinable. 11 Am J2d B & N § 658. See partial want of consideration.

Ballentine's law dictionary. . 1998.

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