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refused to pay the rest for faulty design and workmanship. It turned out on the evidence, that some requirements were not fulfilled. Denning said there had been substantial performance, and came up with a little test: Is the breach of contract one that would allow the innocent party to terminate the contract? If not, then there has been substantial performance...
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Contract price was 560 pounds. The work was defective and 175 pounds to fix. Question: had the work was substantially performed? Court looked at ratio between contreact price and the price to repair. Price of defection was too large, therefore no substantial performance.
Jacob v Kent – contract to install pipes of a particular brand...
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