!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

substantial-compliance rule

Read a random definition: perempt

A quick definition of substantial-compliance rule:

The substantial-compliance rule, also known as the substantial-performance doctrine, is a legal principle that states that if someone makes a good-faith attempt to fulfill an agreement or legal requirement, but falls short in some way, their performance may still be considered complete if the essential purpose is accomplished. However, the person may still be liable for damages for any shortfall. For example, if someone tries to follow the formalities of a will but misses a step, the will may still be considered valid under this rule. This rule is not widely followed, and it only applies to certain situations.

A more thorough explanation:

The substantial-compliance rule, also known as the substantial-performance doctrine, is a legal principle that states that if a party makes a good-faith attempt to perform an agreement or meet statutory requirements, but falls short in some way, the performance may still be considered complete if the essential purpose is accomplished. However, the party may still be subject to a claim for damages for the shortfall.

For example, if a contractor is hired to build a house and completes most of the work but fails to install a few minor fixtures, the substantial-compliance rule may apply. The contractor may still be considered to have completed the job if the essential purpose of the agreement, which is to build a livable house, is accomplished.

Another example is in the context of wills. Under the Uniform Probate Code, a will that does not follow all the formalities required by law may still be considered valid if it substantially complies with the requirements. However, this rule is not widely followed.

It is important to note that the substantial-compliance rule only applies to situations where the essential purpose of the agreement or statutory requirement is still accomplished. If the shortfall is significant enough to prevent the essential purpose from being achieved, the rule may not apply.

substantial change in circumstances | substantial-continuity doctrine

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.