In this module/week you studied two standards for measuring whether one party’s failure to perform all of their obligations under the contract is cause for the other party to the contract to discontinue their performance under the contract. The last assignment gave you a chance to think critically about a judicial opinion. This assignment will challenge you to draft a hypothetical dispute and then decide the dispute by writing your own judicial opinion. Address each item below.
What are the common law “substantial performance” doctrine and the Uniform Commercial Code “perfect tender rule” (UCC 2-601)? When and how do courts use them? How are they different?
Which rule (“substantial performance” or “perfect tender”) better preserves and encourages the integrity and sanctity of promise making and promise keeping, or are they both equally effective or ineffective in this pursuit? Fully justify your answer.
Draft the facts of hypothetical legal dispute involving 2 parties, where the only issue is whether there has been substantial performance of the contract. Design your hypothetical such that each side has a reasonable argument that there was or was not substantial performance. Next, draft an opinion applying the substantial performance rule to your case facts, decide the case, and fully justify your decision.
Write your paper in the form of a judicial opinion, with the facts of your hypothetical case incorporated into the “Statement of Facts” portion of the opinion and your resolution in the “Discussion” portion of the opinion. Use the provided Judicial Opinion Template as an example of the format for a judicial opinion. Additionally, you have now read a number of judicial opinions that will give you a sense for the style and organization that judicial opinions generally take.
