Material Breach of Contract
Two or more parties often enter into contracts with each other in order to form legally-binding agreements. In some cases, one party may fail to uphold the terms and conditions of the contract. In these cases, this party is said to have breached the contract. Breaches may be minor and therefore easily reparable, or may be material, meaning that the fundamental agreement of the contract has been broken.
How Severe is the Breach of Contract?
A material breach of contract gives the aggrieved party the right to sue the other to collect damages. To determine whether a breach of contract is minor or material, consider the following factors:
- The root of the agreement: Minor breaches often deal with details that are easy to correct, while material breaches involve the main promise of the contract.
- Ease of compensation: Material breaches cannot be easily solved with a reasonable amount of expense or effort.
- Extent of contract completion: A material breach is less likely if the breaching party has already fulfilled the majority of the contractual conditions.
- Intent: Minor breaches are often honest errors made in good faith, while material breaches are often committed with willful or malicious intent.
Some contracts contain specific terms which dictate how potential future breaches may be classified. A qualified Austin wrongful termination attorneys can evaluate your contract and the details of your situation to determine whether or not you have the right to pursue legal action against the person or party responsible for the breach.
If you or someone you know has been wrongfully terminated after a breach of contract, the Austin wrongful termination attorneys at The Melton Law Firm, may be able to help you fight back. Contact our offices today by calling (512) 330-0017 to discuss your legal rights and options.