To Determine Whether a Party's Performance Is Substantial,courts

question 12

Multiple Choice

To determine whether a party's performance is substantial,courts:

• A) perform a two-part test.
• B) have no precise test, but look to factors such as how much benefit the promisee received, whether the promisor acted in good faith, whether the promisee can be compensated with money damages, and if a construction contract is involved whether the owner can use the object of the contract for its intended purpose.
• C) use a precise test involving what percentage of performance has been completed.
• D) look strictly to the parties' contract and follow the intent evidenced in that document.

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Definitions:

Law of Averages

A layman's term often misused to suggest that a future event is likely to occur to balance out a statistical deviation, though not a formal statistical principle.

Independent Events

Two or more events whose outcomes do not affect each other's probabilities of occurring.

Positive Difference

The result of subtracting a smaller number from a larger number, ensuring a non-negative result.

Fair 6-Sided Dice

A classic dice with six faces, each showing a number from one to six, where each number has an equal likelihood of appearing on a roll.