Material breach

Definition
: a breach of contract that is so substantial that it defeats the purpose of the parties in making the contract and gives the nonbreaching party the right to cancel the contract and sue for damages
compare substantial performance at performance
Whether a breach is material is a question of fact. Under the Restatement (Second) of Contracts, a material breach gives rise to the right to suspend performance but not to cancel the contract until there is a total breach.



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Based on Merriam-Webster's Dictionary of Law ©2001.
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