Sometimes contract drafters prefer not to define the phrase ‘material breach’, instead relying on the flexibility of the interpretation that will be applied by the courts should a dispute arise. Get in touch with our legal team in New York before another day passes – your business depends on it. A material breach will generally be a breach that is substantial and serious, rather than a matter of little consequence. Recognized as the “Nation’s Top One Percent” by the National Association of Distinguished Counsel, we are ready to handle your legal concerns head-on. It is time to hold the responsible parties accountable and you can do so confidently with Nisar Law Group, P.C. Call for Counsel from Award-Winning Breach of Contract AttorneysĪ material breach of contract can derail your plans entirely, often negatively impacting the overall health of your business. Our firm is here to assist you from the moment you enter the courtroom until your case is resolved favorably. Additionally, the non-breaching party may also be excused from performing their part of the contract. This can occur if the breaching party explicitly notifies. a breach serious enough to destroy the value of the contract and to give a basis for an action for breach of contract. If youd contracted to mow your neighbors lawn and dont do it, he can sue you for breach of contract. In the case of an Anticipatory Breach, an actual breach has not yet occurred, but one of the parties has indicated that they will not fulfill their obligations under the contract. A breach is a violation of a law, duty, or promise. The non-breaching party may have the right to sue for the breach and recover compensation. A breach need not actually occur for the responsible party to be liable. A material breach exists when you have broken a health and safety law and the inspector judges that it is serious enough for them to notify you in writing. An example would be a party’s failure to complete the agreed-upon construction job. Essentially, the violation must defeat the fundamental purpose of the contract in order to be considered material. If it is apparent that the breach was material in nature, legal consequences can follow. A material breach is a more serious violation of the terms of the contract.
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