ABSTRACT

The general rule is that a party must perform exactly what he or she undertook to do in the contract. This rule may be modified in a number of ways, including:

1 Substantial performance. Where a party has performed his or her contractual obligations but there are minor defects, that party will normally be able to claim the price of the work done less any money the other party will have to spend to put the defects right. Note that this principle does not apply when a fundamental term of the contract has been breached.