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If a Party's Performance Falls Short of the Standard Required

Question 2

Multiple Choice

If a party's performance falls short of the standard required by the contract only in some relatively trivial aspect, how does the doctrine of substantive performance operate to mitigate its liability?


A) The party in breach is entitled to the contract price, but the innocent party may counterclaim for any loss sustained as a result of the defective performance.
B) The party in breach is entitled to recover from the innocent party a sum representing the value of the benefit conferred upon the other.
C) The party in breach is entitled to recover from the innocent party all costs incurred in the performance of the contract.
D) None of the options provided is correct.

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