substantial performance

substantial performance
Performance of a contract which, while not a full performance, is performance in good faith, and in compliance with the contract except perhaps for minor and relatively unimportant deviations. 17 Am J2d Contr § 378. Performance of all the essentials necessary to the full accomplishment of the purposes of the contract. 13 Am J2d Bldg Contr § 43. Performance short of full performance but sufficient to substantiate a recovery of the contract price less a deduction for want of completion of the work. 58 Am J1st W & L § 52. Such an approximation to complete performance of a building contract that the owner obtains substantially what was called for by the contract, although it may not be the same in every particular, and although there may be omissions and imperfections on account of which there should be a deduction from the contract price. Handy v Bliss, 204 Mass 513, 90 NE 864. In one sense, full performance according to the fair intent of the contract. In another sense, performance distinctly short of full performance. 46 Am J1st Sales § 213.

Ballentine's law dictionary. . 1998.

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  • substantial compliance — n: compliance with the substantial or essential requirements of something (as a statute or contract) that satisfies its purpose or objective even though its formal requirements are not complied with Merriam Webster’s Dictionary of Law. Merriam… …   Law dictionary

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  • performance — The fulfillment or accomplishment of a promise, contract, or other obligation according to its terms, relieving such person of all further obligation or liability thereunder. See also execute execution part performance payment; substantial… …   Black's law dictionary

  • substantial compliance rule — Compliance with the essential requirements, whether of a contract or of a statute. Wentworth v. Medellin, Tex.Civ.App., 529 S.W.2d 125, 128. In life insurance law is that where insured has done substantially all he is required to do under policy… …   Black's law dictionary

  • substantial compliance — See substantial performance …   Ballentine's law dictionary

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