For nonperformance of a contract and most breach - of - contract matters where there was a loss because the terms of a contract were not fulfilled, a surety bond is taken out as insurance to protect the recipient. (insure.com)
A party is not entitled to enjoin the breach of a contract by another, unless he himself has performed what the contract requires of him so far as possible; if he himself is in default or has given cause for nonperformance by defendant, he has no standing in equity... Having committed the first breach, the general rule is that a material breach of the Agreement allows the non-breaching party to treat the breach as a discharge of his contract liability. (mavricklaw.com)
Salesperson relied on Broker's established business practice of ignoring its own exit requirements for departing salespeople, and Salesperson's nonperformance in reliance on this pattern therefore did not bar his recovery on the contract. (nar.realtor)