Explain Failure of Performance

Question

Explain what do you mean by Failure of Performance (Defective Performance)?

Answer 1

Failure of performance, or inadequate performance, occurs when one party fails to properly perform an obligation due under a contract. It can vary from slightly inadequate performance to grossly inadequate performance to total failure to perform. For example, failure of performance would occur if a wedding photographer did not show up for the wedding. Grossly inadequate performance might occur if only the outdoor pictures turned out, and there were no pictures of the ceremony. Finally, slightly inadequate performance might occur if the photographer took only 375 pictures instead of the promised 400. There can also be satisfactory performance on some terms of the contract but failure to perform on other terms. The extent of failure determines the remedies available to the other party.