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Correcting a set of notes on substantial performance

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A text to proofread

The doctrin of substantial performance permits recovery by one who has substantively, though imperfectly, performed his contract undertaking. In such like, the contractor is entitled to get back the contract price, subtract the reasonable costs to remedying the defects in the performance. The initial burden of proof substantial performance is on the contractor. If his evidence shows substantial performance the burden is then upon the owner to prove that certain deficiency in the work require a reduction in price. Substantive performance is determined by considering such factors as the character of the performance that was promised, the purpose that the contract was meant to serve, and the extent by which any nonperformance by the contractor have defeated the purposes or ends which were meant to be achieved. This means that in many cases substantial performance becomes a matter of degree, being determined by weighing a number of factors together.

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