Re: substanital violation vs. material breach - Landlord Forum thread 323510

Re: substanital violation vs. material breach by Anonymous on August 28, 2014 @19:25

Interesting question. I learned a bit in looking for an answer. Here's what I found on Yahoo answers:

"Material breach is when someone fails to perform one of their obligations under the contract that it so significant that it allows the other party to call them out on it and sue them for damages.

Substantial performance is a the flip side. It is the defense when someone says you have materially breached the contract. You say, "no, it wasn't material, I substantially performed the contract and the breach you are talking about is just a minor variance from our agreement"."

And from lawyers dot com :

"Material breach
Definition
: a breach of contract that is so substantial that it defeats the purpose of the parties in making the contract and gives the nonbreaching party the right to cancel the contract and sue for damages"

From quizlet dot com:

"Five factors to determine whether a breach is material:
(a) Extent to which injured party will be deprived of the benefit he reasonably expected
(b) Extent to which the injured party can be adequately compensated
(c) Extent to which the party failing to perform or offer to perform will suffer forfeiture
(d) Likelihood that the party failing to perform will cure his failure
(e) Extent to which the behavior of the party failing to perform comports with standards of good faith and fair dealing"

Material breach is a legal term; substantial violation is not a specific legal term.

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Re: substanital violation vs. material breach by Anonymous on August 28, 2014 @19:37	[ Reply ]

Yahoo Answers, really? That is where you get your legal advice?

Re: substanital violation vs. material breach by Anonymous on August 28, 2014 @19:49	[ Reply ]

No, I get my legal advice from an attorney. But in answering other people's idle questions, yes, I might give them an answer I found on Yahoo answers if it appears to conform with other, more expert advice. The OP wasn't asking for legal advice. He was asking if substantial violation and material breach were the same things or not.

Re: substanital violation vs. material breach by J (FL) on August 29, 2014 @10:25	[ Reply ]

thanks