A Material Breach Occurs When Performance Is Substantial, But Not Complete. (Answer)

A material breach occurs when performance is substantial, but not complete…

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A material breach occurs when performance is substantial, but not complete.

Question:

Do you have a material breach when a contracting party has substantially performed its obligations but not fully?

Answer:

False

A material breach occurs when a party fails to substantially perform its obligations under the contract.

In the event of a material breach, the non-breaching party is executed from performing its contractual obligations.

On the other hand, in the event of a non-material breach, the non-breaching party may suspend its performance until the breach is cured or remedied.

Takeaways 

So, when do you have a material breach of contract?

Let’s look at a summary of our findings.

A material breach occurs when performance is substantial, but not complete:

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