Legal Definitions - partial breach

A partial breach (also known as an immaterial breach) occurs when one party to a contract fails to fulfill a minor, non-essential term of the agreement. Unlike a more serious "material breach" which significantly undermines the contract's purpose, a partial breach does not fundamentally alter the contract's value or prevent its overall completion.

When a partial breach occurs, the contract generally remains in effect, and both parties are still expected to perform their obligations. However, the party that suffered from the breach is entitled to seek compensation (damages) for any losses directly caused by the minor deviation. In some cases, other legal remedies might be available to ensure the breaching party corrects the minor issue.

Here are some examples to illustrate a partial breach:

• Home Renovation Delay: A homeowner hires a contractor to remodel their bathroom, with a contract specifying completion by June 1st. The contractor finishes the renovation on June 3rd, two days late, but the quality of work is excellent, and the delay did not cause the homeowner any significant inconvenience or financial loss (e.g., they didn't have to pay for alternative accommodation).

  Explanation: The contractor breached the contract by missing the deadline. However, this was a minor delay that didn't prevent the homeowner from eventually enjoying their new bathroom or cause substantial harm. The homeowner would still be obligated to pay for the renovation, but they might be able to claim minor damages for the two-day delay if they incurred any specific, quantifiable loss.

• Software Development Specification: A small business contracts with a software developer to create a custom inventory management system. The contract specifies that all user interface buttons should be a specific shade of blue (hex code #0000FF). The developer delivers the completed software on time and fully functional, but the buttons are a slightly different shade of blue (hex code #0000CC).

  Explanation: The developer failed to meet a specific, detailed term of the contract regarding the button color. However, this deviation is minor; it does not affect the software's functionality, usability, or the core purpose of the inventory system. The business would still accept and pay for the software, but could potentially seek minor damages for the aesthetic discrepancy if it could prove a specific loss or cost to correct it.

• Catering Service Substitution: A couple hires a catering company for their wedding, and the contract explicitly states that a specific brand of sparkling water must be served. On the wedding day, the caterer, due to an unforeseen supply issue, serves a different, but equally high-quality and popular, brand of sparkling water without informing the couple beforehand. All other aspects of the catering service, including food quality, quantity, and service, are impeccable.

  Explanation: The caterer breached the contract by substituting a specific item. However, this was a minor detail that did not detract from the overall success of the wedding reception or the quality of the catering service. The couple still received excellent catering, and the substitute item was comparable. They would still pay the caterer, but might be able to claim a small reduction in price or damages for the specific breach of the sparkling water clause.