It’s Business, And It’s Personal

Material versus minor breach of contract

On Behalf of | Jan 20, 2022 | Consumer Protection |

Contracts form the backbone of many business transactions in Fayetteville and keep our state’s economy running. While most people follow through on their end of the agreement there are times when a person will breach a contract. There are two types of breach of contract: material breach and minor breach.

Material breach of contract

Material breach of contract occurs when one party does not perform some part of what they agreed to, and the other party received something substantially different than what was agreed upon. For example, if the contract was for a shipment of nails and the receiving party was sent a shipment of screws, this may constitute a material breach of contract. If a breach is material, the aggrieved party does not have to fulfill their end of the agreement and has an immediate right to all appropriate remedies stemming from the breach.

Minor breach of contract

Minor breach of contract occurs if one party does not fulfill some part of what was agreed upon, but the other party still received the product or service the contracted for. For example, if a shipment of goods is reasonably delayed this may be considered a minor breach of contract. If the breach is minor, the nonbreaching party still must fulfill their end of the bargain, although they can still pursue damages caused by the breach.

You deserve compensation

If you are not receiving what you bargained for under your contract you may be able to pursue compensation through a breach of contract lawsuit. Doing so may help you become whole again despite the breach. Contract disputes are troubling but can be overcome with the right help.