This value is usually the sum which the defendant would have to pay to acquire the plaintiff's performance , not the subjective value to the defendant. P. This makes restitution sometimes very attractive, compared with both reliance and expectation measures. If the latter refuses to perform, the substantially performing party has an action for breach of contract. The other party has a set-off or counterclaim for the damages he has suffered from the plaintiff's failure to completely perform. Contractor finishes work on April 3.
Owner refuses to pay.
That's true even though he has materially breached with respect to the other portions. Reed Elsevier Inc. All rights reserved.