What is the Law in California for Substantial Performance Law in California - California Civil Jury Instruction CACI 312
California Law
CA Civil Jury Instructions
CACI 312 - Substantial Performance
As of September 1, 2010
California Civil Jury Instruction CACI 312
312. Substantial Performance
[Name of defendant] contends that [name of plaintiff] did not
perform all of the things that [he/she/it] was required to do under
the contract, and therefore [name of defendant] did not have to
perform [his/her/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.
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