Using the example above, if the breaching party can simply install the missing feature to come into compliance with the original contract, then the court is likely to consider the breach to be minor. If a contract breach can be fixed with reasonable effort or expense while keeping the contract in effect, then it is unlikely to be material. Can the Non-Breaching Party Be Compensated for the Loss? However, if the truck was delivered but failed to include a minor feature required by the contract, then this is unlikely to be considered a material breach. For example, if a party contracted to purchase a truck, and the other party delivered a car, then the first party was clearly deprived of what it bargained for. Making this determination requires a close examination of the facts of the situation. The first thing to examine when trying to determine whether a breach was material is whether one party was deprived of what it bargained for. Was One Party Deprived of What It Bargained For? In this article, we discuss how to determine if a contract breach is material. When one party materially breaches a contract, the other party can file an action in court to collect damages resulting from the breach. ![]() A material breach of contract occurs when one party’s failure to abide by a contract’s terms renders it irreparably broken and defeats the purpose of entering the contract in the first place. ![]() The most serious type of breach is called a material breach. In contract law, there are different types of contract breaches.
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