First Principles of Business Law

Question 10.

If FoodCo were able to establish only substantial performance of a condition of the contract, rather than complete performance, what remedies are available to FoodCo?

 (a) Substantial performance means that there has been no breach of contract and damages cannot be claimed.

(b) Substantial performance means that performance has been good enough so that it may not be rejected, but the plaintiff is nevertheless entitled to claim damages for breach of contract.

(c) Substantial performance means that, even though there has been a breach of contract, the plaintiff has not suffered any loss as a result of the breach and accordingly, the plaintiff cannot reject the performance nor claim damages.

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