chap 9 - create substantially the same benefits as those...

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Sofia Medeiros Dr. Pressley BUS 331 10/05/09 Under "CASE PROBLEMS, 9.5 Substantial Performance" on pages 302-303,  answer all the questions. What happened in this case was a failure on the contract, because the work was not accomplished the way it was supposed to, and in this case, the doctrine of substantial performance must be useful. According to the text, to qualify as substantial performance, the performance must not vary greatly from the performance promised in the contract, and it must
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Unformatted text preview: create substantially the same benefits as those promised in the contract. But if the omission, variance or defect (like on this case) in performance is unimportant and can easily be compensated for by awarding demages, a court is likely to hold that the contract has been substantially performed. Therefore, the contract price must be paid, less the amount of demages....
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