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 ?
As a first step in assessing strategic opportunities, Ericsson has implemented substantial performance improvement programs while continuing to invest in the respective business.
It delivers substantial performance and productivity gains due to its extremely compact kernel size that can even fit in the on-chip caches.
According to the company, Enter has seen substantial performance, efficiency and flexibility gains that stem from Mellanox OCN's open design, ready integration with OpenStack and Cumulus Linux, as well as advanced offload and acceleration capabilities such as SR-IOV, RDMA, and VXLAN Offload.
Finally, the new release offers substantial performance improvements across all product lines.
11 -- Imagination technologies unveiled their PowerVR series 7 GPU's, promising a substantial performance jump over the current gen Series 6 GPU's.
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.
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.