Paddock Pools constructed a swimming pool and deck for the Jensens' home. Paddock installed the wrong trim on the pool. It would cost $2800 to change the trim - one-fifth the total cost of the pool. The Jensens refuse to pay anything for the pool. Paddock's best defense is: a. duress. b. substantial performance. c. mistake. d. failure of conditions.

Question

Business

Elaina Nielsen

17 October, 15:36

Paddock Pools constructed a swimming pool and deck for the Jensens' home. Paddock installed the wrong trim on the pool. It would cost $2800 to change the trim - one-fifth the total cost of the pool. The Jensens refuse to pay anything for the pool. Paddock's best defense is: a. duress. b. substantial performance. c. mistake. d. failure of conditions.

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Answers (1)

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Felix Bradshaw · Answer 1

b. substantial performance.

Explanation:

Substantial performance is defined an action that is taken by a party in a contract towards fulfilling his obligations, and is a large part of the proposed work to be performed. For example if half of the proposed job has been carried out by one of the parties to the contract, they can claim substantial performance as a defence in case the other party want to terminate the contract.

Paddock Pools constructed a swimming pool and deck for the Jensens'. Even though they installed the wrong trim, the o replace will be $2,800 which is one fifth of total project amount.

Jensen's will be required to pay Paddock pools as they have substantial performance.