The substantial-performance doctrine states that even if someone fails to fully meet an agreement or legal requirement, their performance can still be deemed complete if the main objective is achieved. However, the individual may still be liable for any errors and may have to pay damages. For instance, if someone attempts to draft a will but does not adhere to all the regulations precisely, the will may still be considered valid under this doctrine. It is important to note that this rule is not universally applied and is only applicable in specific circumstances.
The substantial-performance doctrine states that if a person makes a sincere effort to fulfil a contract but falls short of meeting all the terms or legal requirements, their performance may still be considered complete if the main objective is achieved. However, they may still be liable for damages resulting from any deficiencies. For instance, if a contractor constructs a house using slightly different materials than specified in the contract, but the house is still structurally sound and serves its purpose as a livable space, the contractor may be deemed to have substantially performed the contract. In the context of the Uniform Probate Code, a will that would otherwise be invalid due to a procedural error may still be considered valid under the substantial-performance doctrine. It is important to note that this doctrine is not widely adopted. Unlike the perfect-tender rule, which requires goods delivered under a contract to precisely meet the agreement’s terms or be rejected by the buyer, the substantial-performance doctrine allows for some flexibility in contract performance while still holding parties accountable for any shortcomings.
The Substantial-Performance Doctrine is a legal principle that allows a party to a contract to recover payment even if they have not fully performed their obligations under the contract, as long as their performance is considered “substantial.”
The Substantial-Performance Doctrine can be applied in cases where a party has made a good-faith effort to perform their obligations under a contract, but has not fully completed them.
To apply the Substantial-Performance Doctrine, the party must have made a good-faith effort to perform their obligations, their performance must be considered “substantial,” and the breach must not be considered a material breach.
A material breach is a breach of contract that is so significant that it goes to the heart of the contract and deprives the other party of the benefit of the bargain.
The Substantial-Performance Doctrine is generally used in contracts for the sale of goods or services, but can also be applied in other types of contracts.
Under the Substantial-Performance Doctrine, the non-breaching party is entitled to recover the contract price minus any damages caused by the breach.
Yes, the Substantial-Performance Doctrine can be waived in a contract if the parties agree to do so.
The Substantial-Performance Doctrine allows a party to recover payment even if they have not fully performed their obligations, while the Perfect-Performance Rule requires strict compliance with the terms of the contract.
The factors considered include the degree of performance, the willfulness of the breach, the extent to which the non-breaching party has received the benefit of the bargain, and the difficulty of correcting the breach.
Yes, the Substantial-Performance Doctrine can be used as a defence in a breach of contract lawsuit if the party can show that they made a good-faith effort to perform their obligations and their performance was substantial.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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