Discussion Summary Adoption of substantial performance for all Article 2B contracts is built upon a fundamental misapprehension.
Substantial performance applies to services, and particularly construction, contracts.
It was neither a radical departure nor an innovation for Article 2 to statutorily hold a party to an agreed performance. That restated the law of contract in a sale of goods statute. The true innovations of Article 2 were statutory establishment of a right of cure and, more boldly, introduction of substantial performance into sale of goods law as warranted in particular types of transactions, e.g. , installment contracts, perishable goods sales. My motion proceeds from this base. Even cursory reading of that section, and its comment d on substantial performance, makes evident the contrary.