Metz and Desman contracted for Metz to build a house for Desman on Desman's lot according to specifications provided by Desman.The contract provided that Metz would be paid $125,000 for this.Metz unintentionally deviated from the specifications in several minor respects.The house is soundly constructed and Metz completed the work within the promised time.Desman refused to pay Metz any of the $125,000,arguing that the house did not conform to the specifications.In this case:

Question

Quizplus · Accepted Answer

Some kinds of contractual duties are very difficult to perform perfectly due to their nature and the limits of human ability.Such duties are,however,capable of being substantially performed in most cases.Substantial performance is performance that falls short of complete performance in minor respects but does not deprive the promisee of a material part of the consideration that was bargained for.The promisor who substantially performs is generally entitled to the contract prices less any damage the other party has suffered as a result of the defective performance.

Metz and Desman Contracted for Metz to Build a House