performance shields contracting parties doctrine (Connecticut) · Go Syfert
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performance shields contracting parties doctrine in Connecticut

5 Connecticut opinions name it 2 courts 2007–2017 0 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Clem Martone Construction, LLC v. Depinogreen
connappct · 2013 · cited in 1 Connecticut opinions naming this issue, 2014–2014
2 sentences

2014Pursuant to the doctrine of substantial performance, a technical breach of the terms of a contract is excused, not because compliance with the terms is objectively impossible, but because actual performance is so simi- lar to the required performance that any breach that may have been committed is immaterial.’’ (Internal quo- tation marks omitted.) Id.; accord Clem Martone Con- struction, LLC v. DePino, 145 Conn. App. 316, 336 , 77 A.3d 760 , cert. denied, 310 Conn. 947 , 80 A.3d 906 (2013); 15 R.

2014Pursuant to the doctrine of substantial performance, a technical breach of the terms of a contract is excused, not because compliance with the terms is objectively impossible, but because actual performance is so simi- lar to the required performance that any breach that may have been committed is immaterial.’’ (Internal quo- tation marks omitted.) Id.; accord Clem Martone Con- struction, LLC v. DePino, 145 Conn. App. 316, 336 , 77 A.3d 760 , cert. denied, 310 Conn. 947 , 80 A.3d 906 (2013); 15 R.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Mastroianni v. Fairfield County Paving, LLC green
connappct · 2008
2 sentences

2017Pursuant to the doctrine of substantial performance, a technical breach of the terms of a contract is excused, not because compliance with the terms is objectively impossible, but because actual performance is so similar to the required performance that any breach that may have been committed is immaterial." (Internal quotation marks omitted.) Mastroianni v. Fairfield County Paving, LLC , 106 Conn.App. 330 , 340-41, 942 A.2d 418 (2008).

2017Pursuant to the doctrine of substantial performance, a technical breach of the terms of a contract is excused, not because compliance with the terms is objectively impossible, but because actual performance is so similar to the required performance that any breach that may have been committed is immaterial." (Internal quotation marks omitted.) Mastroianni v. Fairfield County Paving, LLC , 106 Conn.App. 330 , 340-41, 942 A.2d 418 (2008).

22013–2017
Fernandes v. Rodriguez green
conn · 2007
1 sentence

2008Pursuant to the doctrine of substantial performance, a *341 technical breach of the terms of a contract is excused, not because compliance with the terms is objectively impossible, but because actual performance is so similar to the required performance that any breach that may have been committed is immaterial.” (Internal quotation marks omitted.) Borrelli v. H & H Contracting, Inc., 100 Conn. App. 680 , 692 n.6, 919 A.2d 500 , cert. granted on other grounds, 282 Conn. 925 , 926 A.2d 665 (2007).

12008–2008
Gray v. Commissioner of Correction green
conn · 2007
1 sentence

2008Pursuant to the doctrine of substantial performance, a *341 technical breach of the terms of a contract is excused, not because compliance with the terms is objectively impossible, but because actual performance is so similar to the required performance that any breach that may have been committed is immaterial.” (Internal quotation marks omitted.) Borrelli v. H & H Contracting, Inc., 100 Conn. App. 680 , 692 n.6, 919 A.2d 500 , cert. granted on other grounds, 282 Conn. 925 , 926 A.2d 665 (2007).

12008–2008
Borrelli v. H AND H CONTRACTING, INC. neutral
connappct · 2007
2 sentences

2008Pursuant to the doctrine of substantial performance, a *341 technical breach of the terms of a contract is excused, not because compliance with the terms is objectively impossible, but because actual performance is so similar to the required performance that any breach that may have been committed is immaterial.” (Internal quotation marks omitted.) Borrelli v. H & H Contracting, Inc., 100 Conn. App. 680 , 692 n.6, 919 A.2d 500 , cert. granted on other grounds, 282 Conn. 925 , 926 A.2d 665 (2007).

2008Pursuant to the doctrine of substantial performance, a *341 technical breach of the terms of a contract is excused, not because compliance with the terms is objectively impossible, but because actual performance is so similar to the required performance that any breach that may have been committed is immaterial.” (Internal quotation marks omitted.) Borrelli v. H & H Contracting, Inc., 100 Conn. App. 680 , 692 n.6, 919 A.2d 500 , cert. granted on other grounds, 282 Conn. 925 , 926 A.2d 665 (2007).

12008–2008
Rudder v. MAMANASCO LAKE PARK ASS'N, INC. green
connappct · 2006
1 sentence

2007Pursuant to the doctrine of substantial performance, a technical breach of the terms of a contract is excused, not because compliance with the terms is objectively impossible, but because actual performance is so similar to the required performance that any breach that may have been committed is immaterial." Id., 221-22, 890 A.2d 645 . [7] This determination was crucial both to the plaintiffs' claim and to the defendant's counterclaim.

12007–2007

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