Breach

Breach

Everyone has heard of a "breach of contract" before.  And everyone also knows what it means: you (or someone else) did not live up to their contractual obligation.  There are actually two kinds of contract breaches: minor and material.

A minor breach is what it sounds like.  This kind of breach occurs when a party in a contract does not do exactly as expected.  Nevertheless, the contract is more-or-less satisfied.  The only remedy for this is damages.  The reality is that most contracts are never going to be 100% perfect all the time.  Sometimes life happens, but the real question is whether you received the real benefit of the bargain that you made.

On the other hand, a material breach is more serious.  This is when you did NOT receive the benefit of the bargain.  When a party is supposed to perform but does not, or when the performance is so deficient as to undermine the purpose a party enters into a contract, that is a "material breach."  Often, the remedy is damages, but not always.  Sometimes a party can be told by a court to perform what they promised (i.e., "try again") or the wronged-party may receive restitution to place them back where they would have been were it not for the breaching party.

This can get more complicated depending on the type and terms of the contract.  If you may have breached a contract or if you feel as though another party has breached, please contact our office to discuss your legal options.