# Breach of contract...third party fails to perform..

**URL:** <https://boards.straightdope.com/t/breach-of-contract-third-party-fails-to-perform/749695>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [March 20, 2016, 8:55pm UTC](https://boards.straightdope.com/t/breach-of-contract-third-party-fails-to-perform/749695 "2016-03-20T20:55:29Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![StGermain](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stgermain/32/2868_2.png) [@StGermain](https://boards.straightdope.com/u/StGermain)\
**Post date:** [March 23, 2016, 12:08am UTC](https://boards.straightdope.com/t/breach-of-contract-third-party-fails-to-perform/749695/21 "2016-03-23T00:08:22Z")

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Willie Mays is still alive? That surprises the heck out of me. Looking up his stats, he’s only 85.

StG

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [March 23, 2016, 1:21pm UTC](https://boards.straightdope.com/t/breach-of-contract-third-party-fails-to-perform/749695/22 "2016-03-23T13:21:52Z")

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> [@UltraVires](#):
>
> I see. So the counterargument might be (if you change the facts whereby Waddy was told by Riggleman that his attorney would clear title) that it was not reasonable for Waddy to rely on the third party performance if he believed it to be a material term of the contract? He should have gotten a second contract from the third party and his failure to do so might shift the burden of mistake to him?

I wouldn’t go that far. But if Waddy knew that for some reason title might be clouded, and did not seek assurances from Riggleman about the time required to obtain clear title, I think the result might have been different.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [March 25, 2016, 12:28am UTC](https://boards.straightdope.com/t/breach-of-contract-third-party-fails-to-perform/749695/23 "2016-03-25T00:28:36Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> I wouldn’t go that far. But if Waddy knew that for some reason title might be clouded, and did not seek assurances from Riggleman about the time required to obtain clear title, I think the result might have been different.

So, back to the OP, if John suspected that Mays might not be on board with the recommendation, then he might not have a case, but if he did not, then he would be okay (At least under Waddy)?

I don’t doubt your judgment, but I am not sure of your reasoning. Is it because that change in facts might make Waddy bear the risk of the third party non performance?

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