![]() Therefore, the painter must fix it by repainting the walls blue he cannot be paid twice since he materially breached the contract the first time around when he painted the walls red.Įven if the painter inadvertently painted the walls red with no intent, he still acted negligently by not remembering or paying attention to what his customer wanted. For example, if you paid someone to paint your walls blue but instead the painter used red paint, then the painter cannot make an argument for substantial performance since the contract clearly specifies that you wanted the walls to be painted blue. A material breach simply means that the party either failed to perform under the contract or altered his performance in such a way that the material terms of the contract were not met. When Has a Party Substantially Performed?Īs previously noted, a party has substantially performed if there is no material breach in the contract. Additionally, so long as the 2 missing acres in the property contract weren’t crucial, then selling 48 acres as opposed to 50 acres would still be considered substantial performance under the contract.
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