Question

Instructions: Answer each of the following questions in 10 sentences or less. Type and label your answers. Use the IRAC format. B) Which of the following constitute substantial performance? Explain why or why not. 1. Widower contracts with Artist to paint a portrait of his late wife. The portrait is done on time and professionally but the likeness, while resembling her, does not look exactly like the woman. 2. The Yellow Pages agrees to publish a half-page advertisement for Local Dry Cleaner in exchange for $2,000. The advertisement is published, but one digit in the telephone number is incorrect.

Answer 1

Answer 1=

Issue= Whether the artist’s painting can be stated as the substantial performance?

Rule= As per rule substantial performance is the term used in the law that states that the parties to the contract will be paid even if they fail to complete the entire contract in full.

Analysis= As the widower contacted the painter for the painting of his wife and the painting was done on time but it does not reassemble to the wife exactly, so there is no full discharge of the contract. However the painter will be paid for the work done

Conclusion= As the work done by the painter was of substantial nature, thus the stated performance will be termed as substantial performance.

Answer 2= Issue= Whether the performance of the yellow page can be stated as the substantial performance?

Rule= As per rule substantial performance is the term used in the law that states that the parties to the contract will be paid even if they fail to complete the entire contract in full.

Analysis= The dry cleaner contacted the yellow page for the publishing of the advertisement and that advertisement missed one digit in the contact number. This is a major flaw.

Conclusion= As the contact number of one of the main elements of the contact and it must be published in full and clear so the yellow page did not perform its duty well and this performance will not be termed as substantial performance.