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#contract #discharge #law
Where a contract has been substantially performed, it may be possible for the party who rendered such substantial performance to obtain the contract price subject to a deduction to reflect the cost of remedying the defect. When considering such a plea, the court considers the nature and extent of the defect, which is done by measuring the cost of remedying the defect against the contract price. If the defect is too serious, the party who rendered the defective performance will not be entitled to recover any money. However, if substantial performance is found to have been rendered, then the party will be entitled to the contract price subject to a deduction.
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