Ace the Canadian Hospitality Law Challenge 2026 – Serve Up Success in Style!

A party can fail to perform under a contract by partially fulfilling the contractual terms. This situation occurs when one party does not complete all the obligations specified in the contract, which constitutes a breach. Contract law typically requires that parties fulfill their agreements as stipulated; partial performance often fails to meet the legal standard of complete fulfillment, potentially leading to remedies for the aggrieved party.

For example, if a contractor is hired to build a house and completes only the foundation without completing the structure itself, they have partially fulfilled their contractual obligations. This behavior can result in the other party seeking damages or other remedies, as they did not receive what was promised in the contract.

Other options describe different scenarios that do not fit the legal definition of failure to perform. Expressing intent not to perform might indicate a party's commitment to a breach but does not, by itself, constitute a failure to perform since it's merely an indication rather than an action. Performing more than agreed does not lead to failure but rather exceeds the contractual obligations, possibly entitling the performer to additional compensation if that was the understanding. Ignoring the contract can also be seen as a refusal to perform, but it's less about failing to perform and more about a willful disregard for the contractual obligations, which