312. Substantial Performance Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] contends that [name of plaintiff] did not perform all of the things that [he/she/it] was required to do under the contract, and therefore [name of defendant] did not have to perform [his/her/its] obligations under the contract. To overcome this contention, [name of plaintiff] must prove both of the following: 1. 2. That [name of plaintiff] made a good faith effort to comply with the contract; and That [name of defendant] received essentially what the contract called for because [name of plaintiff]'s failures, if any, were so trivial or unimportant that they could have been easily fixed or paid for. ___________________________________________________________________________ New September 2003