Modern Counsel for Growing Companies
In plain English
A failure to perform an obligation required by an enforceable contract without a legally sufficient excuse. The available remedy depends on the promise, performance, resulting harm, and applicable law. Some breaches justify damages; a sufficiently material breach may also affect the other party's duty to continue performing.
Types and key distinctions
Material Breach
A breach serious enough, under the applicable law and circumstances, to affect the core benefit of the bargain. It may excuse further performance or support termination, while a lesser breach may justify damages only. Contractual notice and cure requirements still require attention before a party stops performing.