Shawn and Harry signed a contract for Shawn to build a house for Harry according to the specifications provided by Harry. The contract stated that Shawn would be paid $125,000. Shawn unintentionally deviated from the specifications in several minor respects. The house was soundly constructed, and Shawn completed the work within the promised time. Harry refused to pay Shawn any of the $125,000, arguing that the house did not conform to the specifications. In this case,
A) Harry will get a decree of specific performance.
B) Shawn has no right to be paid for any of his work because he breached the contract.
C) if the court finds that Shawn has substantially performed, he will be able to recover the contract price less any damages caused by his failure to perform as promised.
D) if the court finds that Shawn has substantially performed, he will be able to recover the contract price less any damages caused to him because of the delay in payment.

Question

Quizplus · Accepted Answer

Some kinds of contractual duties are very difficult to perform perfectly due to their nature and the limits of human ability. Such duties are, however, capable of being substantially performed in most cases. Substantial performance is performance that falls short of complete performance in minor respects but does not deprive the promisee of a material part of the consideration that was bargained for. The promisor who substantially performs is generally entitled to the contract prices less any damage the other party has suffered as a result of the defective performance.

Shawn and Harry Signed a Contract for Shawn to Build