(b) That's wrong . 

You were asked to select the statement for which Steele v Tardiani (1946) 72 CLR 386 provides authority.

The case of Steele v Tardiani is authority for the statement that, if there is partial performance of a contract for which specified payment has been promised and the non defaulting party accepts the partial performance, they are obliged to pay fair value for the benefit they have received, but not the agreed price.

The case of Steele v Tardiani is not authority for the statement that, if there is substantial performance of a contract for which specified payment has been promised, the non defaulting party is obliged to pay the agreed price, less an appropriate amount to compensate for the shortfall in performance.

The case of Steele v Tardiani is not authority for the statement that, if If there is only partial performance of a contract for which specified payment has been promised, the non-defaulting party is not obliged to pay for that performance even if in fact they gain some benefit from it.

Give yourself no marks for this answer.

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