SUBSTANTIAL-PERFORMANCE DOCTRINE PERFECT-TENDER RULE

substantial-performance doctrine. The rule that if a good-faith attempt to perform does not
precisely meet the terms of an agreement or statutory requirements, the performance will still be
considered complete if the essential purpose is accomplished, subject to a claim for damages for
the shortfall. • Under the Uniform Probate Code, a will that is otherwise void because some
formality has not been followed may still be valid under the substantial-performance doctrine. But
this rule is not widely followed. — Also termed substantial-compliance rule. Cf.

PERFECT-TENDER RULE. [Cases: Contracts 294. C.J.S. Contracts §§ 433, 589.]

“There has arisen in the United States an indefinite doctrine sometimes referred to as that of
substantial performance. It is a doctrine that deals not with performance of a duty as a discharge
thereof but with performance by the plaintiff as a condition precedent to the active duty of
performance by the defendant. Where a defendant is sued for non-performance he cannot avoid
paying damages by showing that he substantially performed or came near performing or gave
something equally good; but he can always successfully defend if in fact some condition precedent
to his own duty has not been fulfilled by the plaintiff.” William R. Anson, Principles of the Law of
Contract 422 (Arthur L. Corbin ed., 3d Am. ed. 1919).

SUBSTANTIAL POSSESSION
substantial possession.See pedis possessio under POSSESSIO.

SUBSTANTIAL RIGHT
substantial right.See RIGHT.