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CACI 312

What Is Substantial Performance Law in California

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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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