Schleifman Law – Material Breach of Contract

Posted on: July 24, 2014
Commercial Transaction Lawyer

commercial-transactions

Breach of Contract: Material Breach

A breach of contract is a failure to perform under the terms of a contract. However, not all breaches are the same; a Fairfax business attorney will explain that depending on the nature of the breach, the aggrieved party will have different rights and remedies.

A Material Breach goes to the Heart of the Contract

If the breaching party’s actions render the agreement so irreparably broken that it defeats the purpose of the contract, it will be considered a material breach. Where a breach is material, the non-breaching party may immediately suspend performance under the contract and sue for damages. Determining whether the breach was material is a matter of fact that a Fairfax business attorney must prove.

Relevant Factors

Some of the questions to be asked by a Fairfax business attorney that will help ascertain the nature of the breach include:
• Can money compensate the non-breaching party?
• What will the breaching party lose or forfeit if performance is suspended?
• What is the likelihood the breaching party will correct the breach?
• Did the breaching party act in bad faith intentionally or was the act a result of unfair dealing?
• Was the non-breaching party ready, willing and able to perform before the breaching party’s actions?
• What does the contract say? Rather than rely on judicial interpretation, a contract drafted by a Fairfax business attorney may specify that a failure to perform a certain provision is a material breach.

Contact a Fairfax Business Lawyer for Legal Advice

If a party to a contract you have entered into is not living up to their end of the bargain, you need to explore your options with a Fairfax business lawyer. Begin with a call to Schleifman Law, PLC, a Fairfax business attorney, at 703-528-1021.