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Simple English definitions for legal terms
nonessential term
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A quick definition of nonessential term:
A nonessential term is a part of a contract that is not very important. It's not necessary for the contract to exist, and if it's not done correctly, it won't change the whole contract. For example, if you're buying a car, the color of the car is a nonessential term. It's not necessary for the car to work properly, but it's still something you might care about. Other terms, like the price or the delivery date, are essential terms because they are necessary for the contract to be valid.A more thorough explanation:
A nonessential term is a contractual provision that is not considered fundamental to the existence of the contract. It is also known as a nonfundamental or nonvital term. Unlike essential terms, a breach of a nonessential term does not make the performance essentially different from what was promised.
For example, a contract for the sale of a car may include a nonessential term specifying the color of the car. If the car is delivered in a different color, it would be a breach of contract, but it would not make the performance essentially different from what was promised.
Another example is a contract for the delivery of goods within 30 days. The delivery term is an essential term because it specifies the essential purpose of the contract. If the goods are not delivered within 30 days, it would be a breach of contract that makes the performance essentially different from what was promised.