Question

HELP ME :( Which of the following is not a requirement for substantial performance? Select one: a. Performance must be 99.9% of what was promised and no less. b. The party must have performed in good faith. c. Performance must not vary greatly from what was promised. d. Performance must create substantially the same benefit as was promised.

Answer 1

a. Performance must be 99.9% of what was promised and no less.

Step-by-step explanation:

If performance was 99.9% of what was promised, then it was basically fully performed. It is like saying I will finish this in 1 hour, but it took me 1 hour and 1 second to finish.

Substantial performance allows a party to receive payment even if they didn't fully complete the specific terms of a contract. In some states, a % is used to measure substantial performance and it ranges from 2-3% of costs remaining to fully complete a contract.

The substantial performance doctrine basically allows a small deficit on either party involved in a contract. It depends a lot on the good faith that the parties had on completing the work.