Utah When performance is not excused by other party's non-performance is a legal term that is used when a party to a contract is not excused of their obligation to perform under the contract due to the non-performance of the other party. This means that if one party to a contract fails to fulfill their obligations, the other party cannot be exempted from their contractual duties. This principle is covered under Utah's Statute of Frauds, which states that certain contracts must be in writing and signed by the parties to be legally enforceable. The Statute of Frauds also states that when performance is not excused by other party's non-performance, it must be fulfilled even if the other party fails to perform. There are two types of Utah When performance is not excused by other party's non-performance: express and implied. Express Utah When performance is not excused by other party's non-performance occurs when the contract specifically states that performance is not excused by other party's non-performance. Implied Utah When performance is not excused by other party's non-performance occurs when the contract does not specifically state that performance is not excused by other party's non-performance, but it can be inferred from the language of the contract.