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The difference between a material and minor breach of contract

When two parties in Moorestown enter into a contract, they do so anticipating that they will each see the fruits of the contract once the performance of the contract is completed. However, things do not always proceed so neatly. Sometimes a contract is broken or "breached." In general, a breach of contract can be either material or minor.

A material breach is one in which one side fails to carry out some part of the agreement, resulting in the other side receiving goods or a service that are substantially different from what they had agreed upon. In the case of a material breach of contract, the side that did not breach the contract is relieved of his or her duty to perform under the contract, and has the immediate right to seek all applicable remedies.

There are several factors that a court may take into consideration when determining whether or not a breach was material. Two factors are the extent of the benefit the non-breaching side received, as well as the extent of which the side that breached did perform under the contract. Another factor is if the one who didn't breach the contract could still receive adequate compensation for the damages they suffered. If the party who breached suffered any hardship, this may also be considered, as well as will any willful or negligent acts on the part of the breaching party. Finally, the extent to which the party that breached the contract will carry through with the rest of the contract may be considered.

Minor breaches, on the other hand, take place when one side fails to hold up some part of the agreement, but the other side still receives the fruits of the contract, that is, the goods or services agreed upon. In the case of minor breaches, the side that did not breach the contract still must uphold their end of the contract, but may still pursue damages due to the breach.

This is only a general overview of what constitutes a material or minor breach of contract, and cannot serve as legal advice. If you believe you have suffered a breach of contract and want to know what your options are, you may want to seek the advice of an attorney, who can provide further information.

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