Also known as: substantial compliance · substantial compliance doctrine · substantially comply · substantially complied · substantially complying · substantial performance
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine permitting a party to satisfy formal requirements through actions that achieve the essential purpose without impairing a material interest of the requiring party.
Daniel Diaz executed a trust instrument requiring revocation only by a signed writing delivered to the trustee. He later sent an email to the trustee stating his intent to revoke and followed up with a phone call confirming the same. The trustee treated the trust as revoked. A court applying the doctrine finds the email and call achieve the settlor's purpose without impairing any material interest of the trustee.
Dylan Duffy held a power of appointment requiring any exercise to specifically reference the creating instrument. In his will he appointed the property to his children without using the exact reference phrase. Because Duffy knew of the power and intended to exercise it, and the omission did not impair the donor's material purpose, the appointment is effective.
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David Dawson was named trustee under a trust requiring acceptance by signing a formal form kept at the settlor's office. Dawson never signed the form but took delivery of trust assets and began managing them. The court holds that his conduct substantially complies with the acceptance method and binds him as trustee.
Danielle Dixon leased an apartment from Drake Logistics. The lease required written notice of any needed repairs. Dixon orally informed the landlord's agent of a leaking pipe and the agent inspected and repaired it. The court treats the oral notice as substantial compliance because the landlord received actual knowledge and performed the required work.
Darius Dixon contracted with Duffy Construction to install plumbing using a specific brand of pipe. The contractor used an equivalent brand of equal quality that the owner could not distinguish. The court finds the substitution satisfies substantial compliance because the owner received the functional equivalent of the promised performance.
Daphne Doyle needed to file a jury demand within fourteen days after the answer. Her counsel emailed the request to the clerk but the email was never docketed. The court holds that the email substantially complied with the filing requirement because the court received actual notice of the demand.
The doctrine permits revocation by substantial compliance with the method stated in the trust terms. Minor departures succeed when the settlor's intent is clear and no material purpose of the trust is impaired.
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Yes. The doctrine validates an exercise when the donee knew of and intended to exercise the power and the attempted manner did not impair a material purpose of the donor in imposing the formality.
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Substantial compliance is sufficient even if the designated trustee fails to sign the required form. Conduct such as taking delivery of trust property and exercising trustee powers can satisfy the requirement when the method is not expressly exclusive.
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…creates privately enforceable duties as held in Whetzel , but that the basic validity of every housing contract depends upon substantial compliance with the housing code at the beginning of the lease term. The Brown court relied particularly upon Section 2501 of the Regulations which provides: “Every premises accommodating one or…