![]() ![]() However, the breaching party can be made to compensate the non-breaching party for any losses which were caused by the failure to carefully fulfill contract terms to the letter. The non-breaching party is still expected to perform his part of the contract. Remedies for a non-material breach are usually monetary. Once the court has determine whether a breach was a material one or not, the next steps which must be taken involve determining the remedies for the breach of contract. The likelihood that the party who breached a part of the contract will perform the remainder of the contract.Whether the party who breached the agreement was willful or negligent.Hardship which affected the breaching party's ability to perform.The extent to which the breaching party actually performed contractual obligations.The possibility of adequately compensating the non-breaching party for damages.The extent and amount of benefit which the non-breaching party received.To determine if a breach was material or not, the court will consider many different factors including: The purpose of the contract was largely fulfilled when only the non-material breach occurred, but was not fulfilled at all when the material breach happened. If the contract called for the door to be facing left to enter the bedroom and the door was facing right, this would be an example of a non-material breach. If there was a contract for the construction of a new bedroom addition, for example, failure of the contractor to build a bedroom at all would constitute a material breach. The purpose of the contract is still in tact, the parties substantially performed according to the terms of their agreement, but something small went wrong. A material breach happens when one of the contracted parties fails to do the very thing that the contract was created for.Ī non-material breach, on the other hand, occurs when the failure to perform was a minor one. The Judicial Education Center indicates that a “A breach is material if, as a result of the breaching party’s failure to perform some aspect of the contract, the other party receives something substantially different from what the contract specified.”Įssentially, this means a breach is considered to be a material one if it gets to the very essence or heart of the agreement. To find out more, contact us today to speak with a Plymouth Meeting contract disputes lawyer. Whether the breach was non-material or material, we can also assist in taking appropriate legal action to seek a remedy. We can carefully review contract terms, information on contract performance, and other relevant issues aimed at classifying the breach of your contractual agreement. Your attorney will help you to access the materiality of the breach and will assist you in pursuing the legal remedy which is best for your situation.Ĭurley & Rothman, LLC has extensive experience in all types of contract disputes, including breach of contract cases involving both a material and non-material breach. The legal remedies available to you will vary based on whether the breach was a material breach or not. If a contract you are a party to was breached, you should speak with a Plymouth Meeting contract disputes lawyer right away. ![]()
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