Partial Breach of Contract

Atlanta Business litigation Attorneys

A party involved in a contract may sometimes fail to uphold a portion of the contract, but still perform enough of their duties so that the main root of the agreement may still be fulfilled. This is known as a partial or immaterial breach of contract. As opposed to a material breach, partial breaches are often negligible in nature and do not give parties the right to terminate their agreement. With that being said, parties who are the victim of a partial breach may take certain steps to enforce the terms of their contract and ensure the specific performance of the breaching party. If you believe you or your business have been the victim of a partial breach, the Atlanta contract lawyers at Buckley Bala Wilson Mew LLP can represent your interests and help you pursue a fair legal remedy for your losses.

Examples of Partial Breach of Contract

As mentioned, partial breaches are minor in nature and do not negate the main purpose of the contract itself. As such, they can often be easily remedied given the cooperation of the breaching party. For example, say you were to purchase 100 bouquets of a dozen roses for your wedding, sold at $10 per dozen. On the day of your wedding, the florist delivers the roses and you pay them the full $1,000. After the florist leaves, you notice that two dozen roses are wilted and cannot be used.

This would be a partial breach, as the florist fulfilled the majority of the contract and can easily remedy the situation by refunding the cost of the wilted roses. On the other hand, if the florist were to instead deliver 100 bouquets or daffodils to your wedding, this would be a material breach. Since you did not order daffodils, the courts would excuse you from your obligations of the contract.

In another example, let us assume that you hire an electrician to rewire your home with red-colored wire, only the electrician ends up using yellow wire. This would only be a partial breach, as the wire would still be completely functional and would otherwise be hidden within the walls of your home. However, if your agreement was to have high-quality copper wire installed but the electrician ended up using less-durable aluminum wire to save costs, this would be a material breach as the wire’s reduced performance would violate the core purpose of the agreement.

Discuss your situation with us today by scheduling an initial case review.