What is it about?
The substantial performance doctrine is a general concept across commonwealth countries. It discusses how substantial performance is applied in English and Malaysian law.
Featured Image
Photo by Cytonn Photography on Unsplash
Why is it important?
This paper makes a comparison of the use of the doctrine in Malaysian and English law to derive difference and similarities in the way it is applied. While similarities show consistency with its application, the difference could provide insight for new factors to consider for its application.for
Perspectives
I wrote this article questioning whether specific performance could apply when the obligation to perform was not spelt out clearly in the contract. It appeared initially that to decide if substantial performance could apply, the terms of the contract had to be complete. But the terms of the contract could develop over time if the person for performance was intended gave instructions. As such, I found in Malaysian law that substantial performance can be used if the performance of the contract was dependent on the instructions of the person for performance was to be made. However from English law, I also found that there must be a balance between what can be performed and the expectation of end-result of performance.
Sri Bala Murugan Gogulanathan
Sunway University Malaysia
Read the Original
This page is a summary of: The doctrine of substantial performance: comparisons between English and Malaysian law, Commonwealth Law Bulletin, July 2019, Taylor & Francis,
DOI: 10.1080/03050718.2019.1644186.
You can read the full text:
Contributors
The following have contributed to this page
