Express Conditions and Strict 'Performance;' Avoiding Conditions - Feb. 27

Question 1

What is the substantial performance doctrine? (DeLong)

Answer 1

The substantial performance doctrine provides that where a contract is made for an agreed exchange of two performances, one of which is to be rendered first, substantial performance rather than exact, strict or literal performance by the first party of the terms of the contract is adequate to entitle the party to recover on it. (286)

Question 2

What is the intent of the substantial performance doctrine? (DeLong)

Answer 2

The intent of the doctrine is equitable: to prevent unjust enrichment or the inequity of one party’s getting the benefit of performance, albeit not strictly in accord with the contract’s terms, with no obligation in return. (286)

Question 3

What is substantial performance? (Q)

Answer 3

An equitable defense to breach of contract asserted by a party who has substantially performed their contract obligations prior to breaching the contract.

Question 4

What is forfeiture? (Q)

Answer 4

Dispossession of property rights and transferal of title to another without compensation.

Question 5

What is a condition? (Contract Law Simplified: Conditions YT)

Answer 5

Conditions are events, not certain to occur, that until they occur some other contractual obligation is not due. (0:22)

Question 6

To the extent that the non-occurrence of a condition would cause disproportionate forfeiture, may a court excuse the non-occurrence of that condition? (R)

Answer 6

To the extent that the non-occurrence of a condition would cause disproportionate forfeiture, a court may excuse the non-occurrence of that condition unless its occurrence was a material part of the agreed exchange. (229)