A breach of contract may be “material” (i.e., an important breach) or “immaterial” (a relatively unimportant breach). When a breach is material, the party not in breach can terminate the contract and will be excused from further performance of the contract. An immaterial breach may give rise to a right to sue for breach of […]
When Does a Breach of Contract Occur?
A breach of contract occurs the party in breach fails to perform timely. Often, some leeway is given for time of performance. It is not unusual for a party expecting performance to wait awhile (a few days, a week, maybe more) for the promised performance. Oftentimes, a phone call, email, or letter, can clear up […]
What is a Breach of Contract?
A breach of contract occurs when a party, without justification, fails to perform a promise made in the contract. The elements of a legal action for breach of contract are: entry of a contract by the parties; performance of the contract by the party who is suing (or excuse from performance); all condition required by […]
What is a Contract? How is it Formed?
A contract is an agreement to do or not do a certain thing. A contract gives rise to an obligation, or legal duty, enforceable in an action at law. The essential elements of a contract are: (1) parties capable of contracting; (2) their consent; (3) a lawful object; (4) a sufficient cause or consideration. The […]
