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What is a material versus minor breach of contract?

On Behalf of | Dec 7, 2020 | Business Law And Litigation |

Contracts form the backbone of many business dealings in Long Beach. However, even the most carefully drafted contracts are sometimes breached, causing the nonbreaching party to suffer damages. One thing to note in breach of contract cases is whether the breach was material or minor, as this could affect each party’s obligations and the remedies available to the nonbreaching party.

What is a material breach?

A breach of contract will be considered material if the nonbreaching party receives something substantially different from what they agreed to, due to the breaching party’s failure to follow through on their end of the bargain. When a breach is material, the nonbreaching party need not perform their obligations under the contract and they have the immediate right to all remedies for the breach of the contract as a whole.

What is a minor breach?

A breach of contract will be considered minor if, despite the breach, the nonbreaching party still received the item or service they agreed to. If a breach is minor, the nonbreaching party is still obligated to uphold their end of the bargain, although they can still pursue damages resulting from the breach.

Seek assistance with your breach of contract claim

Ultimately, this post only provides an overview of material breaches versus minor breaches. It does not offer legal advice for any specific situation. Those in the Long Beach area who have questions about breach of contract may want to discuss their situation with a California business law attorney, so they have a better understanding of their rights and options.


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