What Is a Minor Breach or a Material Breach of Contract?

When engaging in any contractual agreement, it is important to understand the requirements that will apply to each party and the options for addressing violations of the contract’s terms. A full understanding of the implications of a breach of contract is crucial. 

A breach of contract occurs when one party fails to fulfill their duties as stipulated in the contract. However, there are different types of breaches, and the ways they will be handled will depend on how the parties and the contract as a whole have been affected. An experienced attorney can provide guidance on how to effectively address and resolve contract disputes.

Types of Contract Breaches

Contract breaches are generally categorized into two types: minor breaches and material breaches. A minor breach, also known as a partial breach, occurs when the violation of the contract’s terms by one party does not substantially undermine the contract as a whole. These breaches may involve minor deviations from the terms, such as slight delays or minor defects in the delivered goods or services.

In a case involving a minor breach of contract, the non-breaching party can usually only claim damages resulting directly from the breach, and they will still be required to fulfill their own obligations under the contract. The damages available in these cases are typically minimal, and they will be proportional to the breach’s impact.

A material breach of contract is a more serious violation that fundamentally undermines the contract’s purpose. This type of breach could involve a failure to deliver goods or services, significant deviations from contract specifications, or non-payment. This type of breach may allow the non-breaching party to terminate the contract and seek damages for losses incurred. In some cases, specific performance may be demanded if damages are insufficient as a remedy, and the breaching party may be required to fulfill certain contractual obligations.

Litigating Contract Disputes

When addressing contract disputes, litigation strategies will depend on the nature of the breach. The first step in litigating a contract dispute is to assess the breach’s nature and its impact on the contractual relationship. It will be important to gather all relevant documents, communications, and other evidence that demonstrates the breach and its effects.

Depending on the nature of the breach and the damages that have occurred as a result, the aggrieved party may file a claim seeking compensation for losses, specific performance, or other judicial remedies. In many cases, the parties will use negotiation or mediation to resolve the issue out of court. These methods can be more cost-effective and quicker than a trial.

If a resolution cannot be reached through negotiation or mediation, the case may proceed to trial, where a judge or jury will determine the outcome based on the presented evidence and the applicable laws. The court will determine what actions should be taken to address the breach of contract, including the payment of monetary damages or the requirement to fulfill certain contractual terms. After the completion of the trial, steps may be taken to enforce the court’s decision, including collecting damages or ensuring compliance with a specific performance order.

Contact Our DuPage County Contract Dispute Attorney

Navigating the complexities of contract breaches requires knowledge of the applicable laws, experience handling these types of cases, and skill in negotiating agreements or litigating cases in court. At the Gierach Law Firm, our Naperville breach of contract lawyer can ensure that the proper steps are taken to enforce the terms of a contract or respond to allegations of a contract breach. Contact us at 630-228-9413 to set up a consultation and learn how we can help address concerns related to contract law.