Performance Element as a Defendant


The plaintiff must convince the judge that they did their part of the agreement.  

Plaintiff's performance

Performance is important for the plaintiff to show because if they did not perform their part of the agreement, then you will have reason to not do your part.

Examples of performance
  • The plaintiff gave you money for a loan that you agreed to repay.
  • The plaintiff provided you with the product that you would pay for.
  • The plaintiff performed a service for you that you would pay for.
  • The plaintiff provided you with a rental property that you agreed to pay rent for.
  • The plaintiff returned the security/rental deposit to you after you returned the property.
  • The plaintiff paid you for the product that you provided.
  • The plaintiff paid you for the service that you performed.

Plaintiff's non-performance or partial performance

If the Plaintiff did not perform as promised, you will likely then owe less than what you had originally agreed to provide. For example, if the agreement was for the plaintiff to loan you $1,000, but the plaintiff only gave you $800, the plaintiff can only claim that you owe them $800 and not $1000.  If the plaintiff performed less than agreed upon, you will need to provide proof of how much the plaintiff actually performed.

Examples non-performance/partial perforamnce
  • The plaintiff gave you less money than originally agreed upon.
  • The plaintiff wants you to return the full security deposit amount, but they damaged the drywall which you needed to repair. The repair cost is deducted from the security deposit returned.
  • The original agreement was for the plaintiff to remove the trees and the stumps, but they left the stumps behind. 

Note that if the Plaintiff did give you something (money, product, services), they may use that to argue the agreement existed.  If that was the case, be sure to have evidence to prove that it was not part of the original agreement or you never had an agreement with the plaintiff to begin with.

Rendimiento del Acuerdo (Demandado) 

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