Question

Jim contracted with United Technologies to install 5,000 feet of Rocketfish Cat-5e network cable in his new office building. United installed 5,000 feet of Dynex Cat-5e network cable instead. When Jim sued for breach of contract, and a court found that United's actions constituted______.
a. material breach.b. incomplete performance.c. complete performance.d. substantial performance.

Answer 1

Answer:

D) substantial performance

Explanation:

Substantial performance takes place when a party completes substantially the terms of the contract, but they made some mistake while doing so or didn't finish their part due to unforeseen events.

Unless Jim can prove that the cables are significantly different and that they will not work properly, then United Technologies constituted substantial performance.