Partial Breach of Contract
Atlanta Business Law Attorneys
A party involved in a contract may sometimes fail to uphold a portion of
the contract, but still perform enough of their duties so that the main
root of the agreement may still be fulfilled. This is known as a partial
or immaterial breach of contract. As opposed to a
material breach, partial breaches are often negligible in nature and do not give parties
the right to terminate their agreement. With that being said, parties
who are the victim of a partial breach may take certain steps to enforce
the terms of their contract and ensure the specific performance of the
breaching party. If you believe you or your business have been the victim
of a partial breach, the Atlanta contract lawyers at Buckley Beal LLP
can represent your interests and help you pursue a fair legal remedy for
Discuss your situation with us today by
scheduling an initial case review.
Examples of Partial Breach of Contract
As mentioned, partial breaches are minor in nature and do not negate the
main purpose of the contract itself. As such, they can often be easily
remedied given the cooperation of the breaching party. For example, say
you were to purchase 100 bouquets of a dozen roses for your wedding, sold
at $10 per dozen. On the day of your wedding, the florist delivers the
roses and you pay them the full $1,000. After the florist leaves, you
notice that two dozen roses are wilted and cannot be used.
This would be a partial breach, as the florist fulfilled the majority of
the contract and can easily remedy the situation by refunding the cost
of the wilted roses. On the other hand, if the florist were to instead
deliver 100 bouquets or daffodils to your wedding, this would be a material
breach. Since you did not order daffodils, the courts would excuse you
from your obligations of the contract.
In another example, let us assume that you hire an electrician to rewire
your home with red-colored wire, only the electrician ends up using yellow
wire. This would only be a partial breach, as the wire would still be
completely functional and would otherwise be hidden within the walls of
your home. However, if your agreement was to have high-quality copper
wire installed but the electrician ended up using less-durable aluminum
wire to save costs, this would be a material breach as the wire’s
reduced performance would violate the core purpose of the agreement.
Remedies for Partial Breach of Contract
In the event of a partial breach, non-breaching parties may present the
breaching party with a notice of breach, oftentimes in the form of a letter.
This letter explains that you believe a
breach of the contract has occurred, why you believe the contract has been breached, and how
the breaching party may remedy the problem. While some demand letters
may be thorough and specific regarding the details of the breach, others
may serve as simply a means of opening communication and presenting an
opportunity to negotiate the dispute.
Remedies for a partial breach of contract may include:
- Payment of damages
- Specific Performance of contract duties
If no response is received, a second letter may be sent with reference
to the first letter. If the breaching party still does not respond, an
attorney can help you evaluate your options and file a lawsuit against
them if necessary. In some cases, the breaching party may respond with
a letter of their own stating they believe they have not breached their
contractual obligations, essentially telling you to “deal with it.”
In these cases, it is best to consult with a
business lawyer to determine who is correct.
Get 85+ Years of Legal Experience on Your Side
If your negotiations with a breaching party have failed, or if you have
been accused of partially breaching a contract, the Atlanta contract breach
attorney at Buckley Beal LLP can walk you step-by-step through the appropriate
channels and fight for a favorable outcome on your behalf. Having earned
numerous awards and accolades for our excellence, including a
Super Lawyers® selection and an AV® Rating by Martindale-Hubbell®, we have what
it takes to help you secure the results you need.
Get in touch with our office today or call (404) 913-7415 to discuss your
contract dispute with us in further detail.