Legal Dictionary of Pakistan

substantial-performance doctrine

The equitable rule that, if a good-faith attempt to perform does not precisely meet the terms of the agreement, the agreement will still be considered complete if the essential purpose of the contract is accomplished. 9 Courts may allow a remedy for minimal damages caused by the deviance. - Also termed substantial-compliance rule. Cf. PERFECT-TENDER RULE. "There has arisen in the United States an indefinite doctrine sometimes referred to as that of substantial performance. It is a doctrine that deals not with performance of a duty as a discharge thereof but with performance by the plaintiff as a condition precedent to the active duty of performance by the defendant. Where a defendant is sued for non-performance he cannot avoid paying damages by showing that he substantially performed or came near performing or gave something equally good; but he can always successfully defend if in fact some condition precedent to his own duty has not been fulfilled by the plaintiff." William R. Anson, Principles of the Law of Contract 422 (Arthur L. Corbin ed., 3d Am. ed. 1919).