Asked by Reshelle Ytuarte on May 21, 2024

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List the elements required for substantial performance,and explain the effect substantial performance has on the damages awarded in a breach of contract action.

Substantial Performance

A legal concept indicating that a party has completed the major obligations of a contract, even if minor details were not completed, often entitling that party to payment.

Breach of Contract

The inability to fulfill any clause of a contract, whether it's written or spoken, without a valid legal justification.

Damages Awarded

The monetary compensation granted to the plaintiff after a court judgment or settlement, intended to remedy harm caused by the defendant's actions.

  • Differentiate between tangible and intangible breaches, along with their consequences on the enforcement of agreements.
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Verified Answer

IL
Isabel LizarragaMay 24, 2024
Final Answer :
Substantial performance occurs when the following conditions have been met: a)completion of nearly all the terms of the agreement; b)an honest effort to complete all the terms; and c)no willful departure from the terms of the agreement.Substantial performance discharges the party's responsibilities under the contract,although the court may require that the party compensate the other party for any loss in value caused by the failure to meet all of the standards set forth in the contract.