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CA · jury_instructions

CACI No. 312

Substantial Performance

activein force · 2022-01-01 – presentcompiled-edition

[Name of defendant] contends that [name of plaintiff] did not perform all

of the things that [name of plaintiff] was required to do under the

contract, and therefore [name of defendant] did not have to perform [his/

her/nonbinary pronoun/its] obligations under the contract. To overcome

this contention, [name of plaintiff] must prove both of the following:

1. That [name of plaintiff] made a good faith effort to comply with

the contract; and

2. That [name of defendant] received essentially what the contract

called for because [name of plaintiff]’s failures, if any, were so

trivial or unimportant that they could have been easily fixed or

paid for.

New September 2003; Revised May 2020

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
caci-2022
Content hash
80128c19cbc42b0396bd7f6cd338d7d14bf481bac965f5261d8659a532553bb8
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