合同与履行第 809 / 1605 题
The doctrine of 'substantial performance' generally allows a contractor who has performed in good faith with only minor, non-material defects to:
a.Recover the contract price less the cost to correct the minor defects
b.Void the contract entirely
c.Recover nothing because the work was not perfect
d.Collect the full price with no deduction
解析
Under the substantial performance doctrine, a contractor who performs in good faith and completes the essential purpose of the contract, leaving only minor, non-material defects, may recover the contract price minus the cost to correct or complete those defects. Perfection is not required to recover. The owner is protected by the offset for the deficiencies rather than being able to escape paying anything at all.
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同考点相关题目
- The primary goal of compensatory ('expectation') damages for breach of a construction contract is to:
- After a contractor breaches, the owner has a legal 'duty to mitigate' damages, which means the owner must:
- A general contractor unequivocally tells the owner two weeks before the start date, 'We will not be doing your project at all.' This statement is an example of:
- Specific performance, a remedy that compels a party to actually perform the contract, is most commonly granted in disputes involving:
- Rescission as a contract remedy means:
- A written change order in construction is best described as: