substantial performance


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substantial performance

n. 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. (See: contract, specific performance)

References in periodicals archive ?
Amphenol Commercial USB Type-C plugs and receptacles are small enough to fit in smartphone, tablet, and other mobile device designs, yet also meet the substantial performance requirements of laptops.
Finally, the new release offers substantial performance improvements across all product lines.
In addition, thousands of service professionals around the world have enhanced their skills through participation in the company's training and certification courses, while its strategic advisory and consulting services are helping service organizations optimize business operations and achieve substantial performance gains.
Arianespace will deliver the O3b satellites into a circular orbit at an altitude of 8062 km with the latest Soyuz launch from the Guiana Space Center in French Guiana, an orbit that is four times closer to the earth than traditional geostationary satellites, providing O3b customers with substantial performance benefits due to lower latency or delay.
However, the transition from the bottom to the top of phase one can itself bring substantial performance gains, with organisations typically improving from around 70 percent performance, up to 95.
Under David Temple, its irrepressible Newcastle-born conductor and musical director, the Hertfordshire Chorus, who commissioned the work, brought passion and pathos to this very substantial performance.
These new wireless modems provide substantial performance upgrades and ease of interfacing to existing Water/Waste Water, Oil/Gas and other utility sites".
Wamsteeker indicated that because substantial performance for the building was achieved on Jan.
It is targeted for mainstream consumers, corporate IT or PC enthusiasts who would like a substantial performance boost over conventional mechanical hard disk drives (HDDs).
In view of the substantial performance fees, the company managed to return in the black in the third quarter of 2009, executive board member Alexander Schuetz said.
The guide also indicates that there is an underlying presumption that the earliest point at which substantial performance occurs coincides with commencement of operations by the franchisee unless it can be demonstrated that substantial performance of all obligations has occurred before that time.
are said to offer substantial performance and cost improvements over previous grades.