Find the right lawyer now

Minor Breach of Contract Lawyers

Find a Local Business Lawyer near You

What Is a Breach of Contract?

A breach of contract is any action or inaction that results in the contract being broken. One party breaches the contract by not fulfilling their obligations under the contract. A breach of contract can be anticipatory, material, or minor.

What Is a Minor Breach?

A minor breach occurs when a party to the contract fails to perform a part of a contract. The failure is so small and and of such a nonessential part that all parties can otherwise fulfill any remaining contractual obligations.

How Is a Minor Breach Different from a Material Breach?

A material breach fundamentally breaks the agreement because the breaching party fails to fulfill an important part of the contract or otherwise makes it impossible for the contract to be completed. A minor breach is less serious because it does not prohibit the parties from satisfactorily completing the rest of the contract. For example, a homeowner hires an electrician to install a lighting system with a specific brand of wiring. If the electrician fails to install the lighting system, it is a material breach. If the electrician installs the lighting, but uses a different brand of wiring than the brand requested, it is a minor breach.

Can I Sue for a Minor Breach?

Yes. The non-breaching party may sue for a minor breach. The lawsuit must be for any damages that was caused by the failure to perform the minor detail.

Do I Have to Complete Performance If the Breach Was Minor?

Yes. A minor breach requires all parties to complete their obligated performance, or non-performance, of the contract. The only time a party does not have to perform its part of the contract is when a material breach occurs. The non-breaching party in a material breach is freed from any obligation to complete their part of the contract and can sue for damages.

Should I Discuss the Minor Breach with a Lawyer?

While not as severe as a material breach, a minor breach can still result in serious damages. To understand more about a minor breach, talk to a business lawyer. The lawyer will explain your rights and options to sue or remedy the situation.

Photo of page author Taelonnda Sewell

, LegalMatch Legal Writer

Last Modified: 04-23-2018 07:36 PM PDT

Law Library Disclaimer
  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service
What is LegalMatch?

We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.