Re: OT: anyone know what is a "material breach" ? - Saab General Bulletin Board - Saabnet.com
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Re: OT: anyone know what is a "material breach" ?
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Posted by AJRitz [Email] (more from AJRitz) on Tue, 19 Nov 2002 10:25:54 Share Post by Email
In Reply to: OT: anyone know what is a "material breach" ?, KG, Tue, 19 Nov 2002 09:24:27
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No one can answer that question properly without looking at the contract of which the "material breach" either did or did not occur. Essentially, a material breach is a violation of a term of the contract that violates the core of the agreement, such that there is no longer a meeting of the minds between the parties as to the agreement. For example, if you have a contract with someone to provide you with a "high-quality car", then the person can fulfill the contract by providing you with number of different cars - Saab, BMW, Mercedes, etc. Even if you expected a Saab but got a BMW, it wouldn't be a material breach. However, if you expected a Saab and got a Segway, it probably would be a material breach, because you clearly didn't get what you bargained for.

I hope that helps.

[Obligatory disclaimer]I am an attorney, but I have no idea what jurisdiction you are in and so do not know which jurisdiction's law to apply to your question. I also don't know if I'm licensed to practice there. The above example is meant to serve only as general information, not legal advice. That information does not make me your lawyer - if you want or need a lawyer, you should hire one. If you have a serious concern about this contract, I suggest that you contact an attorney who is licensed to practice law in your jurisdiction and who has some experience with contract law.[/Obligatory disclaimer]

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