The doctrine of substantial performance: comparisons between English and Malaysian law

This article will consider the application of the doctrine of substantial performance from the perspective of English and Malaysian law. The analysis of the doctrine has focussed on the examination of cases on construction and building contracts. The paper explains the English approach to the doctrine by examining the factors considered judicially effecting the successful application of the doctrine. The article also compares the English approach with the Malaysian approach, where it was discovered that Malaysian courts, in some cases, consider reliance as an essential factor for the successful application of the doctrine.