Reminder: Not Every Breach is a Material Breach of Contract

This is a short reminder. Not every breach of contract is a material breach. That's right - a breach can be a minor or technical breach that does not actually go to the essence of the contract. If it does not go to the essence of the contract, then how can it be a material breach? It cannot. This is important because you do not want to make strategic decisions on a breach that is not regarded a material breach. “To constitute a vital or material breach, a party's nonperformance must ‘go to the essence of the contract.’ A party's ‘failure...