Also known as: pairs · paired · pairing
Written by attorneys · grounded in primary & secondary sources — see below
An apportionment of performances to be exchanged under a contract into corresponding pairs of part performances so that the parts of each pair are properly regarded as agreed equivalents.
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Builder Alex Rivera and owner Dana Holt entered a contract for phased renovations. The price was apportioned into pairs of corresponding parts for foundation work and framing. Rivera completed the first pair. The court treated that performance as discharging Holt's duty to pay the agreed equivalent for those stages.
Developer Mia Chen contracted with retailer BetaMart to build an online platform in staged modules. The agreement treated coding and testing of each module as a pair of agreed equivalents. Chen finished the first module pair. BetaMart became obligated to pay the stated amount for that pair alone.
Manufacturer NorthCo and supplier SouthParts agreed to deliver matched lots of parts and assemblies. Each matched lot constituted a pair of agreed equivalents under the price schedule. When NorthCo accepted the first pair, SouthParts earned the right to the corresponding payment regardless of later lots.
If performances can be apportioned into corresponding pairs regarded as agreed equivalents, a party's completion of one part of the pair binds the other party to render the agreed equivalent for that pair. Failure on other parts does not affect this right.
…on that ground therefore would not have saved his infringement suit. The Supreme Court of Texas reversed, relying heavily on a pair of cases from the U. S. Court of Appeals for the Federal Circuit. 355 S. W. 3d 634, 641-642 (2011) (discussing Air Measurement Technologies, Inc. v. Akin Gump Strauss Hauer & Feld, L. L.…