Antoine, a bush pilot, agrees to ferry an exploration crew from Gamma Oil to a remote part of Alberta in his helicopter, and to retrieve them a month later. Three weeks into the bush, the Gamma team learn through listening to local radio chatter on their short-wave radio that Antoine has sold his helicopter to a pilot in New Brunswick. Should Antoine have failed to make arrangements for the extraction of the crew, he can successfully claim for half of his fee by virtue of the doctrine of substantial performance, and in fact his full performance of the first half of his obligation.

Question

Quizplus · Accepted Answer

The doctrine of substantial performance applies when a party has substantially performed their contractual obligations but may have fallen short in some minor aspect that does not defeat the purpose of the contract. In this scenario, failing to provide extraction, which is a fundamental part of the agreement, does not constitute substantial performance. The failure to fulfill a critical component of the service (retrieval of the crew) negates the claim of substantial performance for the contract as a whole.

Antoine, a Bush Pilot, Agrees to Ferry an Exploration Crew