A breach of contract claim requires a valid contract, the plaintiff's performance or excuse for non-performance, the defendant's failure to perform, and resulting damages.
A material breach excuses the non-breaching party's remaining performance and permits termination, while a minor breach supports damages but not termination.
Alternative Names:
Contract Breach, Breach Claim
Why it Matters?
The materiality question drives most commercial disputes, because a party that terminates over a non-material breach becomes the breaching party itself. Damages are the second recurring battleground, since expectation damages must be proven with reasonable certainty and lost profits claims frequently fail on proof rather than liability. Contractual limitations on remedies often matter more than the breach analysis.
Frequently Confused with
Related terms
Frequently asked questions
What makes a breach material?
Why do lost profits claims often fail?
