California, United States of America
The following excerpt is from Miller v. Cabrera, E075257 (Cal. App. 2021):
"Failure of consideration is the failure to execute a promise, the performance of which has been exchanged for performance by the other party. Among other situations, the failure may arise from the wilful breach of the promise. And in a bilateral contract, such failure of consideration is a defense to an action for a breach of the contract inasmuch as it is contemplated that the performance of the unilateral promises shall be in exchange for each other, the performance being considered as equivalent in value." (Bliss v. California Co-op. Producers (1947) 30 Cal.2d 240, 248.)
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