If a party's performance falls short of the standard required by the contract only in some relatively trivial aspect, how does the doctrine of substantive performance operate to mitigate its liability?
A) The party in breach is entitled to the contract price, but the innocent party may counterclaim for any loss sustained as a result of the defective performance.
B) The party in breach is entitled to recover from the innocent party a sum representing the value of the benefit conferred upon the other.
C) The party in breach is entitled to recover from the innocent party all costs incurred in the performance of the contract.
D) None of the options provided is correct.

Question

Quizplus · Accepted Answer

The doctrine of substantial performance allows the party in breach, who has performed the majority of their contractual obligations but failed in some minor aspect, to claim the agreed contract price. However, this entitlement is subject to a deduction or counterclaim by the innocent party for the cost of rectifying the breach or for any loss suffered due to the incomplete or defective performance.

If a Party's Performance Falls Short of the Standard Required