{"id":11544,"date":"2017-12-25T04:56:18","date_gmt":"2017-12-25T04:56:18","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11544"},"modified":"2017-12-25T04:56:18","modified_gmt":"2017-12-25T04:56:18","slug":"material-breach-a-breach-of-contract-sufficiently-substantial-to-give-the-injured-party-the-right-to-rescind-the-contract-or-to-maintain-an-action-for-damages-or-both","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11544","title":{"rendered":"Material Breach – a breach of contract sufficiently substantial to give the injured party the right to rescind the contract or to maintain an action for damages, or both"},"content":{"rendered":"

material breach<\/span>:<\/span>
\n<\/strong>(1840)<\/span><\/p>\n

1.<\/strong> A breach of contract<\/a> that is significant enough to permit the aggrieved party to elect to treat the breach as total (rather than partial), thus excusing that party from further performance and affording it the right to sue for damages<\/a>. <\/strong>[1]
\n<\/strong><\/span><\/p>\n

1. A breach of contract which goes to the whole consideration; a breach which gives to the injured party the right to rescind the contract or to maintain an action for damages for a total breach.\u00a0 17 Am J2d Contr \u00a7 446<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A breach of contract sufficiently substantial to give the injured party the right to rescind the contract or to maintain an action for damages, or both.<\/strong> [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Restatement (Second) of Contracts<\/a> (1979):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cIn determining whether a failure to render or to offer performance is material, the following circumstances are significant: <\/span><\/strong><\/span><\/p>\n

(a) the extent to which the injured party will be deprived of the benefit which he reasonably expected; <\/strong><\/span>
\n (b) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived; <\/strong><\/span>
\n (c) the extent to which the party failing to perform or to offer to perform will suffer forfeiture; <\/strong><\/span>
\n (d) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances; <\/strong><\/span>
\n (e) the extent to which the behavior of the party failing to perform or to offer to perform comports with standards of good faith and fair dealing.<\/span>“<\/strong> [4]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

\n

[1]: Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/a><\/span><\/strong> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations<\/b><\/span><\/em>
\n<\/span><\/em><\/a>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine’s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/a> <\/b><\/span><\/em>by Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]: Restatement (Second) of Contracts<\/a> 5241 (1979)<\/span><\/strong><\/p>\n

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