Answer By law4u team
In India, a breach of contract is classified as either a material breach or a minor breach. The distinction between the two is important because the legal remedies available to the parties differ depending on the type of breach. The following are the differences between a material breach and a minor breach of contract: Material breach: A material breach is a breach of a term that is essential to the contract. A material breach goes to the root of the contract and is of such importance that it defeats the purpose of the contract. In case of a material breach, the aggrieved party is entitled to terminate the contract and claim damages for the loss suffered. Minor breach: A minor breach is a breach of a term that is not essential to the contract. A minor breach does not go to the root of the contract and is of such a nature that it can be compensated by damages. In case of a minor breach, the aggrieved party is entitled to claim damages for the loss suffered but cannot terminate the contract. To determine whether a breach is a material breach or a minor breach, the courts will look at the intention of the parties, the nature of the breach, the consequences of the breach, and the importance of the term that has been breached. It is important to note that what constitutes a material breach and a minor breach will vary from case to case and will depend on the facts of each case.
