Question

Raul builds Evelyn a $200,000 home according to Evelyn's specifications. Raul, however, missed two specifications, causing Evelyn to incur $25,000 in damages to fix the missed specifications. If Evelyn files a breach of contract, but the court does not allow her to forgo paying for the house, and only requires her to pay Raul $175,000, what theory will the court use to justify its order?

Answer 1

Substantial performance

Explanation:

the given statement is the case of Substantial performance

Substantial performance is the performance of the company which incomplete but it does not defeat the purpose of the contract.

here, in the statement Raul take contract of building the home for Evelyn but he missed some specification which cause Evelyn $25,000 to fix the damage as the project is incomplete but the purpose is not defeated hence this is an example of Substantial performance.