A minor breach of contract (also referred to as a partial breach or immaterial breach) occurs when one party fails to perform their contractual obligations, but the failure is not substantial enough to undermine the overall purpose or essence of the contract. It is a less serious form of breach compared to a material breach, which substantially affects the contract's core purpose or performance. Characteristics of a Minor Breach: 1. Partial Non-Performance: The party who commits the breach may have failed to perform a specific term of the contract, but it does not substantially affect the overall execution of the contract. 2. Non-Material Impact: While the breach is noticeable, it does not fundamentally alter the agreement or cause significant harm to the other party. 3. Non-Damaging: The breach may not cause significant financial or operational damage to the other party, and the contract may still continue without major disruption. Example: Let’s say you hire a contractor to paint your house, and the contract specifies the use of blue paint for the exterior. However, the contractor uses a slightly lighter shade of blue than agreed. The paint color may not match the exact specification, but it doesn’t make the work unfit for purpose. This could be considered a minor breach, as the overall objective (painting the house) has been achieved, but the exact specification wasn't fully met. Legal Consequences of Minor Breach: 1. Damages: The party that has suffered the minor breach may claim compensation for the loss incurred due to the breach, but the compensation is generally limited to the difference in value between the promised performance and the actual performance. The damages are usually nominal. 2. Performance of Contract: In the case of a minor breach, the injured party is still obligated to perform their side of the contract. They cannot terminate the contract, but they can claim damages. 3. Not a Ground for Termination: Unlike a material breach, a minor breach does not give the injured party the right to terminate the contract. The injured party may choose to continue with the contract and demand performance as per the agreed terms, with compensation for the breach. 4. Cure Period: If the breach can be corrected or fixed (such as fixing the paint color), the defaulting party may be given an opportunity to remedy the breach. Contrast with Material Breach: Minor Breach: The breach does not go to the heart of the contract, and the overall contract performance remains largely unaffected. Material Breach: The breach is so significant that it frustrates the main purpose of the contract. It often gives the injured party the right to terminate the contract and seek full damages. Example of Material vs Minor Breach: Material Breach: If the contractor fails to complete the painting work altogether, that would be a material breach as the contract's purpose (getting the house painted) is not fulfilled. Minor Breach: If the contractor completes the painting but does not follow the exact shade of blue specified, this would be a minor breach, as the painting was completed, but not exactly as agreed. Conclusion: A minor breach of contract is a less serious violation that doesn’t significantly impact the fulfillment of the contract’s core terms. The injured party may seek damages, but they are generally limited to the actual loss caused by the breach. The contract is usually not terminated unless the breach is material.

Dear Client, A small scale breach of contract also goes by the terms of a partial or immaterial breach which is when one party does not fulfill a minor or non essential element of the agreement but at the same time the main aim of the agreement is achieved. In this type of breach the primary purpose of the contract is not defeated. For instance should you receive your delivery after the agreed upon date but the delay is not of great issue that would be classified as a minor breach. Also the affected party may put forth a case for damage which that breach caused them but in the main they do not have the right to terminate the whole contract. In that which we term a minor breach damages may be awarded but it does not give out the right to terminate the contract. If you have any further questions or require assistance with the court marriage process, please do not hesitate to contact us. Thank You!