Legal Insight. Unmatched Instinct.

What are the four types of contract breaches?

On Behalf of | Nov 25, 2021 | Business Law

Contracts are essential for a business. With a contract, you can make safe goods, money, and services transactions and partner with other companies. No matter why you need a contract, you must know that the other party can breach it. If the party you sign a contract with does not fulfill their duties, you can file a legal claim against them. By filing a lawsuit, you can recover any losses you may have suffered due to the other party’s noncompliance.

Types of contract breaches

A business contract creates obligations between the parties that enter the agreement. If one party fails to comply with their obligations on time and as required according to the terms, the other party can cancel the contract and ask them for compensation for their losses. The amount of compensation you can get if a partner breaches an agreement will depend on how the breach happened. There are four different types of contract breaches:

·       Minor breach of contract

A minor breach of contract happens when both parties fulfilled the most important aspects of the contract, but one party performed with minor differences from the rules outlined in the legal document. In this case, the non-breaching party can only ask for compensation if the breach caused them financial harm.

·       Material breach of contract

A material breach of contract occurs when one party ends up with something very different from what they asked for in the contract. In this case, the non-breaching party can cancel the contract and ask for compensation.

·       Actual breach of contract

This breach of contract occurs when one of the parties does not comply at all with the terms of the agreement or does not fulfill the duties they had to do according to the legal agreement. This also results in the cancellation of the contract.

·       Anticipatory breach of contract

An anticipatory breach of contract is a situation in which one party knows that the other won’t be able to perform their part of the contract on time or at all in the future. In this case, the non-breaching party can ask the other to compensate them for any losses they may suffer in the future.

If you have been a victim of any of those types of contract breaches, you can try to resolve the dispute through an Alternative Dispute Resolution method. If that does not work out, you may have to take your case to court to make the breaching party pay for their mistake.

Your right to fight back

If someone else breaches the terms of a contract with you, you must not remain a victim of their irresponsibility. You have the right to ask the other party for compensation if they failed you. You don’t deserve to suffer losses because of someone else’s mistakes, and you can make them pay for their noncompliance in court.