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4 different types of contract breaches

On Behalf of | Jan 23, 2019 | Firm News

Breach of contract occurs in numerous different industries. A professor from San Francisco State University is currently in a lawsuit with the college for not supporting AMED studies. 

It is paramount for individuals to know when a business or individual did not hold up their end of the bargain. Occasionally, breach of contract is hard to identify, but it can take different forms. It is vital to be aware of those forms, so you know when you can pursue legal action.

1. Minor breach

A partial or minor breach occurs when someone completes part of an agreement but does not do everything correctly. For example, you may hire someone to build your website. The individual does it, but there are some glaring errors. You could sue for minor breach of contract to attempt to get the developer to finish the website properly. 

2. Anticipatory breach

You can also file for breach of contract before the breach actually occurs. If you hired someone to create your website by a given date and it is clear that will not happen, then you could file for anticipatory breach of contract well in advance to get it done on time. 

3. Fundamental breach

Filing for this type of contract breach allows you to withhold committing to your end of the agreement. In addition to suing for damages, you can also sue to make sure the original intent of the contract remains intact. 

4. Material breach

Many courts consider this to be the most serious form of contract breach. Many times, a client performs a service for the contractor expecting to receive payment once the job is complete. The client does the work but receives no money upon completion. In this case, the client could take the contractor to court to receive the payment and then some. In any of these cases, a contract existed, one party failed to hold up their end and another party lost money.