substantial performance

substantial performance
substantial performance see performance

Merriam-Webster’s Dictionary of Law. . 1996.

substantial performance
Performance that does not exactly meet the terms of an agreement but that does accomplish the intended purpose in a manner close enough to be considered as fulfilling the obligation; also called substantial compliance.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

substantial performance
When a party to a contract, through no fault of that party, performs in a manner that varies slightly from the contract's obligations. In cases of substantial performance, a court may determine that it would be unfair to deny compensation. (See also: specific performance)
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Nolo’s Plain-English Law Dictionary. . 2009.

substantial performance
substantial performance/compliance
n. A doctrine in equity that if a good faith attempt was made to perform the requirements of a contract, but failed to exactly meet the specifics, and if the essential aim of the contract has been met, the agreement will still be considered as having been completed. Minimal damages for the impreciseness may be permitted by the court.
See also performance.

Webster's New World Law Dictionary. . 2000.

substantial performance
   in the law of contracts, fulfillment of the obligations agreed to in a contract, with only slight variances from the exact terms and/or unimportant omissions or minor defects. A simple test is whether the omission, variance or defect can be easily compensated for with money. Examples: a) the contract is for supplying 144 pumps for $14,400, and only 140 were delivered; b) the real property was supposed to be 80 acres and only contained 78 acres. This constitutes substantial performance unless the loss of two acres is crucial to the value of the property (e.g. reduced the number of lots able to be subdivided); c) the product was to be delivered on October 25 and did not arrive until November 5. This constitutes substantial performance unless the product was required for a Halloween sale.

Law dictionary. . 2013.

Игры ⚽ Нужно решить контрольную?

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