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LSDefine

Simple English definitions for legal terms

material breach

Read a random definition: collective punishment

A quick definition of material breach:

A material breach is when someone breaks a promise they made in a really big way. It's so bad that the person who was supposed to benefit from the promise can decide they don't want to keep going with the agreement. They can also sue the person who broke the promise for money to make up for what they lost. A material breach is different from a small breach, which might not be a big enough deal to cancel the whole agreement.

A more thorough explanation:

Definition: Material breach refers to a violation of a contractual obligation that is significant enough to allow the affected party to consider the breach as total, which means that the party is excused from further performance and can sue for damages.

For instance, if a company hires a contractor to build a house, and the contractor fails to complete the project on time or uses substandard materials, it would be considered a material breach of the contract. The company can then terminate the contract and sue the contractor for damages.

Other types of breaches include:

  • Anticipatory breach: A breach caused by a party's anticipatory repudiation, which means that the party indicates that they will not perform when performance is due.
  • Partial breach: A breach that is less significant than a material breach and gives the affected party the right to damages but does not excuse them from performance.
  • Passive breach of contract: A failure to perform the requirements of a contract.

It is important to note that every breach gives rise to a claim for damages, and the injured party may also have other remedies. However, if the breach is trifling, the court may choose to ignore it, and no claim arises.

material alteration | material change in circumstances

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starfishies
16:25
@Mostlylegal: yep i got 4/1 i applied early dec (it was my last app) and @Jupiter i really have an overall positive view of the school if you ever need positive confirmation for them
Mostlylegal
16:32
lets hope friday is our day, i just got mine tday
16:35
can i ask an lsat question rq?
Mostlylegal
16:37
sure
starfishies
16:38
yep hoping for some straggling decisions before the 4/15 deposit deadline but ill be alright if not
any guesses on the next wave for loyola chicago?
Looks like no waves td
captaincringe
18:16
Just got a WL email from Loyola Chicago a few mins ago. Good luck!
MrThickRopes
18:42
fo pm gon come thru 4 us tmrw
starfishies
18:43
absolutely
HumdrumSoreGecko
18:52
Any SMU waves soon? App status updated but nothing yet :)
19:15
2.9/17high splitter best shot?
19:15
2.9/17high splitter best shot?
MrThickRopes
19:35
bro got a 2.9 bro is NOT the thinker
starfishies
19:37
thats not nice
19:39
im dead😂
19:40
MrThickRopes
starfishies
19:40
washu would want u ;-;
19:41
Thank u!
[] c0bra1
20:40
is nyu doing tuesdays instead of wednesdays now
MrThickRopes
23:12
fuuuckkkk
MrThickRopes
23:12
mr thick. ropes is . wasteddddd
Just wnna say im proud of everyone who applied to schools this year! You’re amazing!!
Hi guys quick question
Has anyone applied to Jacksonville ?
Jacobdoeshisbest
1:24
Hi
whats up yall i have noone to tell that I just got a 169 on a practice test and I am so proud of myself. that's all
@DirtyQuackYak: Congrats but that's not good enough. 173 is the new 170 so do the math. Buckle up.
@CheerfulSpikyVole: Nah, no one would apply to that school that hangs around here.
@MrThickRopes: sounds like the next Dkk.
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