# How Does a Court Differentiate between a Hindrance and a Prevention of Performance? ▴ Question

**Published:** 2025-08-04
**Categories:** Question

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## Concept

In the architecture of any binding commercial agreement, the allocation of performance risk is a foundational component. Your operational success depends on a clear-eyed understanding of how a counterparty’s actions can impede your ability to deliver. The legal system provides a framework for analyzing these impediments, creating a spectrum of interference that runs from making your job more difficult to making it impossible.

A court’s differentiation between a hindrance and a prevention of performance is the mechanism for this analysis. It is the diagnostic process for determining the severity of the interference and the appropriate remedy.

A hindrance is an action by one party that increases the difficulty or cost for the [other party](https://prime.greeks.live/question/what-are-the-key-differences-between-tri-party-and-third-party-segregation-models/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) to perform its contractual duties. The performance remains possible. It has just become more burdensome. Think of a client who is consistently slow to provide necessary data for a project, causing your team to miss internal deadlines and work extra hours.

The project can still be completed, but the path to completion is now steeper and more expensive. This type of interference may give rise to a claim for damages, such as the cost of the additional labor or an extension of the project timeline. The core of the contract remains intact, but the balance of exchange has been disturbed.

Prevention, in contrast, is an absolute. It describes an act so obstructive that it makes performance by the other party objectively impossible. This is a complete repudiation of the cooperative principle underlying the contract. Imagine a construction scenario where the client fails to secure permits for the building site or actively denies the contractor access to the property.

In such a case, the contractor is not merely burdened; they are blocked. Performance is no longer a matter of increased effort or cost. It is a physical or legal impossibility. Such an act constitutes a total [material breach](https://prime.greeks.live/area/material-breach/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite), which excuses the non-performing party from their obligations and entitles them to sue for total breach damages.

> A court’s analysis hinges on whether a party’s actions made performance more burdensome or entirely impossible.

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## What Is the Doctrinal Source for the Prevention Principle?

The legal duties related to hindrance and prevention flow from a central doctrine in contract law the [implied covenant](https://prime.greeks.live/question/what-is-the-role-of-a-bonds-covenant-package-in-comparable-bond-analysis/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) of [good faith](https://prime.greeks.live/area/good-faith/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) and fair dealing. This covenant is presumed to exist in every contract in common law jurisdictions. It imposes an obligation on both parties to act in a way that allows the other party to receive the expected benefits of the agreement.

While the contract may not explicitly state “you shall not hinder performance,” this duty is inherent in the agreement itself. It functions as a systemic backstop, ensuring that a party cannot sabotage the contract’s purpose without consequence.

The [prevention doctrine](https://prime.greeks.live/area/prevention-doctrine/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) is a specific application of this implied covenant. It establishes that a party who prevents performance cannot then claim that the other party is in breach for failing to perform. To do so would be to profit from one’s own wrong. The law treats the interfering party’s prevention as excusing the other party’s non-performance.

This is often framed as the failure of a “[constructive condition of cooperation](https://prime.greeks.live/area/constructive-condition-of-cooperation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite).” Essentially, the law constructs a condition within the contract that each party will cooperate to the extent necessary for the other to perform. When one party’s [wrongful act](https://prime.greeks.live/area/wrongful-act/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) of prevention occurs, this condition is not met, and the duty of the other party to perform is discharged.

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## Strategy

Strategically managing performance risk requires a clear framework for identifying, classifying, and responding to a counterparty’s interference. The legal distinction between hindrance and prevention provides the architecture for this framework. Viewing interference on a spectrum from minor inconvenience to absolute impossibility allows for a calibrated response, protecting your commercial interests while maintaining compliance with your own contractual obligations. The key is to analyze the interfering act not in isolation, but in the context of the entire agreement and its ultimate purpose.

The primary strategic question is whether the counterparty’s action constitutes a material breach. This determination dictates the available remedies. A minor hindrance might only justify a claim for the direct costs incurred. A significant pattern of hindrance could be aggregated to show a material breach.

An act of prevention is almost always a total material breach. Courts employ a multi-factor analysis to situate an act on this spectrum, and understanding these factors is central to building a sound commercial strategy.

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## Analytical Framework for Differentiating Interference

To move from a conceptual understanding to a practical strategy, parties must assess interference through the same lens a court would. This involves a disciplined analysis of the act’s character and consequences. The following table outlines the key factors that differentiate a recoverable hindrance from a performance-excusing prevention.

| Analytical Factor | Analysis for Hindrance | Analysis for Prevention |
| --- | --- | --- |
| Magnitude of Impact | Performance is made more difficult, costly, or time-consuming. The core obligation remains achievable. | Performance of the core obligation is rendered impossible or commercially impracticable. |
| Causation | The act is a substantial factor in the increased cost or delay, but other factors may contribute. | The act is the direct and primary cause of the failure to perform. But for the act, performance would have occurred. |
| Materiality | The interference may constitute a minor or partial breach. It does not necessarily defeat the entire purpose of the contract. | The interference constitutes a total, material breach. It fundamentally undermines the contract’s purpose. |
| Wrongfulness | The act is contrary to the implied covenant of good faith and fair dealing but may not be an explicit breach of a specific term. | The act is a clear breach of either an express term or the implied covenant of good faith and fair dealing. |
| Foreseeability | The type of interference was a foreseeable business risk that could have been anticipated. | The act of prevention was not a reasonably foreseeable risk that the non-performing party assumed. |
| Available Remedy | Damages for the increased cost of performance; extension of time. | Excuse from all future performance; claim for damages for total breach of contract. |

> The strategic response to an impediment is determined by a structured analysis of the impediment’s impact, cause, and materiality.

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## How Do Contractual Clauses Modify the Default Rules of Hindrance?

While the implied covenant provides a default set of rules, contracting parties can strategically modify this legal framework through express clauses. Sophisticated commercial agreements rarely leave the allocation of performance risk to implication alone. Instead, they use specific provisions to define what constitutes interference and to establish procedures for addressing it. [These clauses](https://prime.greeks.live/question/can-these-realistic-simulations-be-used-to-predict-the-market-impact-of-new-financial-regulations/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) provide a private, contract-specific system for managing hindrance and prevention.

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**Cooperation Clauses** These clauses make the implied duty of cooperation an express one. They can specify the types of support, access, or information a party is required to provide, and within what timeframe. A breach of a cooperation clause provides clear, objective evidence of hindrance.

- 
**Notice Provisions** Contracts almost always require a party claiming to be hindered to provide prompt written notice to the other party. Failure to comply with notice provisions can result in a waiver of the right to claim damages or a time extension. This is a critical procedural step in executing a hindrance strategy.

- 
**No-Damage-for-Delay Clauses** In construction and other industries, a contract might state that if the owner hinders the contractor, the contractor’s sole remedy is an extension of time, not financial compensation for the delay. Courts scrutinize these clauses and often carve out exceptions for [active interference](https://prime.greeks.live/area/active-interference/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) or bad faith.

- 
**Force Majeure Clauses** These clauses define specific, external events (such as natural disasters, wars, or pandemics) that will excuse non-performance. They can be viewed as a contractually defined form of prevention, where the “preventing” agent is an external event rather than the counterparty. The strategic element lies in how broadly or narrowly these events are defined.

By negotiating these clauses, parties are building their own internal system for risk management. They are replacing the general legal standards with a specific, predictable, and mutually agreed-upon process. This provides greater certainty and reduces the likelihood of resorting to costly litigation to resolve disputes over performance.

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## Execution

Executing a strategy based on hindrance or prevention requires a disciplined, evidence-based approach. When a counterparty’s actions begin to impede performance, the affected party must shift into a mode of meticulous documentation and procedural precision. The goal is to build a robust factual record that aligns with the legal framework, demonstrating either the increased cost of performance (hindrance) or the impossibility of it (prevention). This operational discipline is what transforms a legal concept into a defensible commercial position.

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## The Operational Playbook for Responding to Interference

When faced with acts of potential hindrance or prevention, a party must execute a clear, sequential plan. This playbook ensures that all rights are preserved and that the strongest possible case is built for negotiation or, if necessary, litigation. Each step is designed to satisfy a specific legal requirement.

- 
**Immediate Documentation** The moment an act of interference occurs, the response team must begin documenting it. This involves more than just noting the event. It requires capturing the context, the immediate impact, and the individuals involved. All relevant emails, project management system entries, meeting minutes, and formal correspondence should be preserved in a dedicated log.

- 
**Formal Notice** Review the contract for all notice provisions. A formal, written notice of hindrance should be drafted and sent in strict compliance with the contract’s requirements (e.g. to a specific person, via a specific delivery method). This notice should identify the specific act of interference, cite the relevant contract clauses (including the cooperation clause), describe the impact on performance (cost and schedule), and state that the party reserves all its rights under the contract.

- 
**Quantify The Impact** Concurrently, begin a quantitative analysis of the damage. This is not a rough estimate. It is a detailed accounting of the costs flowing directly from the hindrance. This may involve tracking idle labor hours, material storage costs, extended equipment rental fees, and unabsorbed home office overhead. This data is the foundation of any damages claim.

- 
**Demonstrate Mitigation** Courts expect the non-breaching party to take reasonable steps to mitigate their damages. All efforts to work around the hindrance must be documented. This could include reassigning labor to other tasks, proposing alternative performance methods, or sourcing materials from different suppliers. This demonstrates that you acted in good faith to minimize the loss.

- 
**Escalate And Negotiate** Armed with a clear factual record, a history of formal notices, and a quantified impact analysis, the party can now engage in a structured negotiation. The objective is to secure a change order, a contract amendment, or another form of resolution that provides compensation for the hindrance. If the act is one of prevention, the negotiation will focus on an orderly termination and a settlement of total breach damages.

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## What Is the Burden of Proof in a Prevention Claim?

In any legal action, the burden of proof is a critical element of execution. For a claim based on the prevention doctrine, the party whose performance was prevented carries the initial burden. They must prove three key elements by a preponderance of the evidence:

First, they must establish that the other party took an affirmative, wrongful action or failed to act when it had a duty to do so. This act must be more than a simple failure to cooperate; it must be a material interference. Second, they must prove that the counterparty’s action was the direct cause of their inability to perform. They must draw a clear causal line from the wrongful act to their own non-performance.

Third, they must demonstrate that they were otherwise ready, willing, and able to perform their obligations under the contract. The prevention must be the sole significant reason for the failure. A party that was already failing to perform for other reasons cannot use a later act of prevention as an excuse.

> A successful claim of prevention requires demonstrating that the counterparty’s wrongful act was the direct cause of the failure to perform.

Once the non-performing party has met this burden, the burden then shifts to the party who allegedly prevented performance. They must then prove that the non-performance would have occurred anyway, even without their interfering act. For example, they might present evidence that the other party lacked the financial resources or technical capability to ever complete the project. Effectively, they must break the chain of causation established by the claimant.

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## Quantitative Modeling of Hindrance Damages

A core part of executing a hindrance claim is translating operational disruption into a quantifiable financial claim. A detailed damages model is the most powerful tool in this process. It moves the dispute from a qualitative argument about fairness to a quantitative discussion about cost. The following table provides a simplified model for a construction project experiencing multiple acts of hindrance.

| Hindering Act | Description | Direct Cost Impact | Schedule Delay (Days) | Calculated Indirect Cost | Total Claimable Damage |
| --- | --- | --- | --- | --- | --- |
| Delayed Site Access | Client failed to clear the site for 2 weeks as required by the contract schedule. | $50,000 (Idle crew and equipment costs) | 14 | $28,000 (14 days x $2,000/day overhead) | $78,000 |
| Slow RFI Responses | Average response time for Requests for Information was 10 days instead of the contractual 3 days. | $25,000 (Inefficiency and rework) | 21 (Cumulative impact) | $42,000 (21 days x $2,000/day overhead) | $67,000 |
| Defective Materials | Client-supplied fixtures were non-compliant and required modification before installation. | $15,000 (Labor and materials for modification) | 5 | $10,000 (5 days x $2,000/day overhead) | $25,000 |
| Total Claim | | $90,000 | 40 (Net) | $80,000 | $170,000 |

This systematic approach to quantifying damages is essential for execution. It provides the objective data needed to support a request for equitable adjustment or to prove damages in court. It transforms the abstract legal concept of hindrance into a concrete financial number, which is the ultimate language of commercial dispute resolution.

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## References

- Patterson, Edwin W. “Constructive Conditions in Contracts.” _Columbia Law Review_, vol. 42, no. 6, 1942, pp. 903-954.

- Carter, J. W. _The Construction of Commercial Contracts_. Hart Publishing, 2013.

- Farnsworth, E. Allan. _Farnsworth on Contracts_. 3rd ed. Aspen Publishers, 2004.

- Perillo, Joseph M. _Corbin on Contracts_. Revised ed. LexisNexis, 1993.

- _Restatement (Second) of Contracts_. American Law Institute, 1981.

- Bruner, Philip L. and Patrick J. O’Connor, Jr. _Bruner & O’Connor on Construction Law_. West, 2002.

- Fried, Charles. _Contract as Promise ▴ A Theory of Contractual Obligation_. Harvard University Press, 1981.

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## Reflection

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## Integrating Legal Frameworks into Operational Design

The legal distinction between hindrance and prevention is a risk allocation system. It provides a post-mortem analytical tool for courts to assign liability when a commercial relationship breaks down. A sophisticated organization, however, does not wait for the post-mortem.

It integrates this legal framework directly into its operational design. Your contracting, project management, and communication protocols should be built with an implicit awareness of these principles.

Consider your own operational architecture. How does your project management system track and flag counterparty delays? Is your team trained to recognize the difference between a minor delay and a material hindrance? Do your communication protocols ensure that formal notice is given not as a threat, but as a standard, professional procedure for risk management?

Viewing your operational processes through this legal lens transforms them from a mere workflow into a system for creating and preserving rights. The ultimate strategic advantage lies in building a commercial framework so robust that it makes the distinction between hindrance and prevention a rare topic of discussion.

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## Glossary

<a href="https://prime.greeks.live/question/what-are-the-key-differences-between-tri-party-and-third-party-segregation-models/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Other Party

Tri-party models offer automated, value-based collateral management by an agent, while third-party models require manual, asset-specific instruction by the pledgor. </a><a href="https://prime.greeks.live/area/material-breach/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Material Breach

Meaning ▴ A material breach is a violation of a contract's terms so significant that it defeats the fundamental purpose of the agreement, substantially depriving the non-breaching party of the benefits expected. </a><a href="https://prime.greeks.live/question/what-is-the-role-of-a-bonds-covenant-package-in-comparable-bond-analysis/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Implied Covenant

A bond's covenant package is the contractual operating system that defines and defends the bondholder's claim on issuer assets and cash flows. </a><a href="https://prime.greeks.live/area/good-faith/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Good Faith

Meaning ▴ Good Faith, within the intricate and often trust-minimized architecture of crypto financial systems, denotes the principle of honest intent, fair dealing, and transparent conduct in all participant interactions and contractual agreements. </a><a href="https://prime.greeks.live/area/prevention-doctrine/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Prevention Doctrine

Meaning ▴ The Prevention Doctrine, within the context of crypto system security and risk management, refers to a proactive strategic framework prioritizing the identification and elimination of potential threats or vulnerabilities before they can materialize into actual harm or system compromise. </a><a href="https://prime.greeks.live/area/constructive-condition-of-cooperation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Constructive Condition of Cooperation

Meaning ▴ A constructive condition of cooperation, within the architecture of multi-party crypto protocols or decentralized autonomous organizations (DAOs), describes an implied requirement for participants to act in a manner that facilitates the collective function and success of the system. </a><a href="https://prime.greeks.live/area/wrongful-act/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Wrongful Act

Meaning ▴ In legal and contractual contexts, a wrongful act signifies an illegal, unethical, or otherwise improper action that results in harm to another party. </a><a href="https://prime.greeks.live/question/can-these-realistic-simulations-be-used-to-predict-the-market-impact-of-new-financial-regulations/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## These Clauses

Realistic simulations provide a systemic laboratory to forecast the emergent, second-order effects of new financial regulations. </a><a href="https://prime.greeks.live/area/active-interference/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Active Interference

Meaning ▴ Active interference, within the context of crypto systems and trading, denotes deliberate, external actions or processes designed to disrupt, manipulate, or obstruct the normal operation or integrity of a decentralized network, market mechanism, or specific transaction flow. </a>

**Tags:** [Prevention Doctrine](https://options.greeks.live/area/prevention-doctrine/), [Excuse of Condition](https://options.greeks.live/area/excuse-of-condition/), [Material Breach](https://options.greeks.live/area/material-breach/), [Contractual Remedies](https://options.greeks.live/area/contractual-remedies/), [Hindrance of Performance](https://options.greeks.live/area/hindrance-of-performance/), [Constructive Condition of Cooperation](https://options.greeks.live/area/constructive-condition-of-cooperation/)	

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- 
### [What Are the Legal Implications of Improperly Using Vendor Proposals after an Rfp Cancellation?](https://options.greeks.live/question/what-are-the-legal-implications-of-improperly-using-vendor-proposals-after-an-rfp-cancellation/)
![An abstract digital interface features a dark circular screen with two luminous dots, one teal and one grey, symbolizing active and pending private quotation statuses within an RFQ protocol. Below, sharp parallel lines in black, beige, and grey delineate distinct liquidity pools and execution pathways for multi-leg spread strategies, reflecting market microstructure and high-fidelity execution for institutional grade digital asset derivatives.](https://options.greeks.live/wp-content/uploads/2025/08/institutional-digital-asset-derivatives-rfq-protocol-displaying-multi-leg-execution-status-and-optimal-liquidity-pathways.jpg)

Improperly using vendor proposals after an RFP cancellation creates significant liability for trade secret misappropriation and breach of contract.

- 
### [In What Ways Does the 2002 ISDA Agreement Provide Greater Protection to a Non-Defaulting Party?](https://options.greeks.live/question/in-what-ways-does-the-2002-isda-agreement-provide-greater-protection-to-a-non-defaulting-party/)
![A reflective, metallic platter with a central spindle and an integrated circuit board edge against a dark backdrop. This imagery evokes the core low-latency infrastructure for institutional digital asset derivatives, illustrating high-fidelity execution and market microstructure dynamics. It signifies the robust Prime RFQ underpinning RFQ protocols for atomic settlement and best execution.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-rfq-execution-infrastructure-precision.jpg)

The 2002 ISDA Agreement enhances non-defaulting party protection via objective close-out valuation and faster default response mechanisms.

- 
### [How Does a Privilege Clause in a Non-Binding Rfp Protect the Issuing Organization?](https://options.greeks.live/question/how-does-a-privilege-clause-in-a-non-binding-rfp-protect-the-issuing-organization/)
![A precise lens-like module, symbolizing high-fidelity execution and market microstructure insight, rests on a sharp blade, representing optimal smart order routing. Curved surfaces depict distinct liquidity pools within an institutional-grade Prime RFQ, enabling efficient RFQ for digital asset derivatives.](https://options.greeks.live/wp-content/uploads/2025/07/high-fidelity-digital-asset-derivatives-execution-via-rfq-protocols.jpg)

A privilege clause in a non-binding RFP is a legal shield preserving the issuer's ultimate decision-making authority and mitigating risk.

- 
### [What Constitutes a Commercially Reasonable Procedure in Practice?](https://options.greeks.live/question/what-constitutes-a-commercially-reasonable-procedure-in-practice/)
![Parallel execution layers, light green, interface with a dark teal curved component. This depicts a secure RFQ protocol interface for institutional digital asset derivatives, enabling price discovery and block trade execution within a Prime RFQ framework, reflecting dynamic market microstructure for high-fidelity execution.](https://options.greeks.live/wp-content/uploads/2025/07/prime-os-driven-institutional-digital-asset-derivatives-rfq-execution-framework.jpg)

A commercially reasonable procedure is a dynamic standard of conduct aligned with industry practices to ensure fairness and good faith.

- 
### [What Are the First Steps a Company Should Take If It Suspects an Rfp Was Canceled in Bad Faith?](https://options.greeks.live/question/what-are-the-first-steps-a-company-should-take-if-it-suspects-an-rfp-was-canceled-in-bad-faith/)
![Intersecting multi-asset liquidity channels with an embedded intelligence layer define this precision-engineered framework. It symbolizes advanced institutional digital asset RFQ protocols, visualizing sophisticated market microstructure for high-fidelity execution, mitigating counterparty risk and enabling atomic settlement across crypto derivatives.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-rfq-execution-system-microstructure-dynamics.jpg)

Suspected bad faith RFP cancellation requires immediate evidence preservation and a calculated assessment of legal and commercial remedies.

- 
### [What Are the Key Legal Differences between Cancelling an RFP before and after Submissions Are Received?](https://options.greeks.live/question/what-are-the-key-legal-differences-between-cancelling-an-rfp-before-and-after-submissions-are-received/)
![A gold-hued precision instrument with a dark, sharp interface engages a complex circuit board, symbolizing high-fidelity execution within institutional market microstructure. This visual metaphor represents a sophisticated RFQ protocol facilitating private quotation and atomic settlement for digital asset derivatives, optimizing capital efficiency and mitigating counterparty risk.](https://options.greeks.live/wp-content/uploads/2025/08/institutional-grade-precision-execution-engine-optimizing-digital-asset-derivatives-rfq-protocols-within-market-microstructure.jpg)

Canceling an RFP before submissions is a low-risk strategic retreat; canceling after creates a binding process contract with significant legal exposure.

- 
### [Can an Rfp Issuer Be Sued Even If a Privilege Clause Is Included?](https://options.greeks.live/question/can-an-rfp-issuer-be-sued-even-if-a-privilege-clause-is-included/)
![A luminous teal bar traverses a dark, textured metallic surface with scattered water droplets. This represents the precise, high-fidelity execution of an institutional block trade via a Prime RFQ, illustrating real-time price discovery. The droplets symbolize dynamic market microstructure and managed latent liquidity, crucial for optimal capital efficiency in digital asset derivatives RFQ protocols.](https://options.greeks.live/wp-content/uploads/2025/07/high-fidelity-real-time-institutional-digital-asset-rfq-execution-stream-visualizing-prime-os-liquidity-flow.jpg)

An RFP issuer can be sued, as a privilege clause provides discretion within a binding procedural contract but does not override the issuer's fundamental duty of fairness.

- 
### [How Does the Close-Out Amount in the 2002 ISDA Agreement Improve upon the 1992 Methodologies?](https://options.greeks.live/question/how-does-the-close-out-amount-in-the-2002-isda-agreement-improve-upon-the-1992-methodologies/)
![Abstract geometric forms in muted beige, grey, and teal represent the intricate market microstructure of institutional digital asset derivatives. Sharp angles and depth symbolize high-fidelity execution and price discovery within RFQ protocols, highlighting capital efficiency and real-time risk management for multi-leg spreads on a Prime RFQ platform.](https://options.greeks.live/wp-content/uploads/2025/07/prime-os-optimized-rfq-execution-for-digital-asset-derivatives.jpg)

The 2002 ISDA Agreement replaces rigid, disputable close-out mechanics with a unified, commercially reasonable valuation standard.

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---

**Original URL:** https://options.greeks.live/question/how-does-a-court-differentiate-between-a-hindrance-and-a-prevention-of-performance/
