substantial performance doctrine

The rule that if a good-faith attempt to perform does not precisely meet the terms of an agreement or statutory requirements, the performance will still be considered complete if the essential purpose is accomplished, subject to a claim for damages for the shortfall.

• Under the Uniform Probate Code, a will that is otherwise void because some formality has not been followed may still be valid under the substantial-performance doctrine. But this rule is not widely followed.

— Also termed substantial-compliance rule. Cf. PERFECT-TENDER RULE. [Cases: Contracts 294. C.J.S. Contracts §§ 433, 589.]

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词条贡献者

译者妍妍，毕业于亚洲顶尖的高级翻译学院，擅长翻译各种与科技、媒体和电信（TMT）相关的法律文件。