Which of the following is true with respect to substantial performance?

A) It is not used in the construction industry.
B) Substantial performance is performance that, though incomplete, does not defeat the purpose of the contract.
C) When one party to a contract has substantially performed, the other party cannot recover damages for the imperfect performance.
D) An express condition need only be substantially performed.

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miguel cisneros · Accepted Answer

Final Answer : B, Explanation :  Substantial performance refers to a situation where the performance of a contract is incomplete but does not defeat the purpose of the contract, allowing the fulfilling party to be entitled to payment, possibly minus damages for incomplete aspects. This concept is often applied in the construction industry and other sectors where complete performance to the letter of the contract may not be feasible, but the overall intent and major objectives of the contract are met.

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