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Substantial Performance

The standard used under common law to evaluate the performance of contracts. The parties performing the contract must meet the standard of substantial performance of the contract only, and performance therefore does not have to be perfect. The standard of substantial performance is not met if there is a material breach by either of the parties. Otherwise, this is a lenient standard for contracting parties to meet.

Definition from Nolo’s Plain-English Law Dictionary

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)

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:25 pm