How To Prove A Texas Full Performance Defense

In Texas, a defense of Full Performance is defined as:

Full performance in contract law refers to the complete fulfillment of all obligations and duties specified in a contract according to its terms. This typically includes meeting deadlines, delivering goods or services as promised, making payments, and any other actions or responsibilities outlined in the contract.

It simply means:

When a party has done everything that they were required to do under the terms of an agreement.

There are 5 elements of the defense:

Element 1. There was a contract between the parties. A Full Performance Defense requires that there was an agreement between the involved parties, meaning they had a contract outlining their responsibilities and expectations for completing a task or service.

Facts that might support this element look like:

* The parties exchanged written correspondence outlining the terms of the agreement, including payment and delivery schedules.
* Both parties performed their respective obligations under the agreement, demonstrating mutual assent to the contract.
* The plaintiff issued an invoice referencing the agreed-upon terms, which the defendant acknowledged and accepted.
* The parties engaged in negotiations that culminated in a signed document, indicating their intent to be bound by the contract.
* The defendant made partial payments as stipulated in the contract, evidencing acceptance of the terms.
Element 2. The defendant complied with the terms of the contract. The defendant followed all the rules and requirements outlined in the contract, showing that they did everything they were supposed to do as agreed upon, which is a key part of proving they fully performed their obligations.

Facts that might support this element look like:

* The defendant delivered all goods specified in the contract on the agreed-upon date.
* The defendant provided the required services in accordance with the quality standards outlined in the contract.
* The defendant made all necessary payments to subcontractors as stipulated in the contract terms.
* The defendant maintained open communication with the plaintiff throughout the contract duration, addressing any concerns promptly.
* The defendant completed all project milestones within the timeline established in the contract.
Element 3. The defendant tendered performance as required by the contract. The defendant fulfilled their obligations under the contract as agreed, showing that they completed everything required of them, which supports their defense against any claims of breach.

Facts that might support this element look like:

* The defendant completed all required work on the project by the agreed-upon deadline, demonstrating full compliance with the contract terms.
* The defendant provided all necessary materials and resources as specified in the contract, ensuring that the project met the outlined requirements.
* The defendant communicated regularly with the plaintiff throughout the project, confirming that all contractual obligations were being fulfilled.
* The defendant submitted all required documentation and reports to the plaintiff, evidencing the completion of the contract’s performance criteria.
* The defendant received positive feedback from the plaintiff regarding the quality of work delivered, indicating satisfaction with the performance rendered under the contract.
Element 4. The defendant was ready willing and able to perform their obligations under the contract at relevant times. The defendant was prepared and capable of fulfilling their responsibilities under the contract when it mattered, showing they were ready to meet their commitments as agreed.

Facts that might support this element look like:

* The defendant had all necessary resources and personnel in place to fulfill their contractual obligations on the agreed-upon dates.
* The defendant communicated their readiness to perform to the plaintiff multiple times prior to the performance deadline.
* The defendant completed all preparatory work required for performance well in advance of the contract’s timeline.
* The defendant maintained a consistent track record of fulfilling similar obligations in previous contracts without issue.
* The defendant was available and willing to perform the contract but was prevented from doing so by the plaintiff’s actions.
Element 5. The defendant was not in material breach of the contract. The defendant did not significantly violate the terms of the contract, meaning they fulfilled their obligations enough to avoid being held responsible for any claims against them.

Facts that might support this element look like:

* The defendant fulfilled all major contractual obligations within the agreed timeline, demonstrating a commitment to the contract.
* The plaintiff acknowledged receipt of the defendant’s performance and did not raise any issues until after the deadline had passed.
* Any minor deviations from the contract terms were promptly communicated to the plaintiff and did not affect the overall performance.
* The defendant provided substantial evidence of efforts made to comply with the contract, including documentation of communications and work completed.
* The plaintiff benefited from the defendant’s performance, indicating that any alleged breach did not materially impact the contract’s purpose.

^{(See Smith v. Dass, Inc., 283 SW 3d 537 – Tex: Court of Appeals, 5th Dist. 2009.)}
If you’re in court without a lawyer and plan to assert a Defense of Full Performance, it’s essential to have a Personal Practice of Law at Courtroom5. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively advocate for your rights.

Prove Your TX Full Performance Defense

U.S. Civil Cases Only