What is a breach of contract?

A breach of contract is a failure to honor a contractual agreement. In South Carolina, a breach of contract is defined as an act or omission that fails to meet the obligations set out in a contract. A breach can be either a “material” breach or an “immaterial” breach. A material breach of contract is an act or omission that so substantially impairs the value that the injured party would not have entered into the contract to begin with. Examples of a material breach of contract are failing to pay for goods and services as promised, failing to deliver goods on time, or providing products and services that are of lesser quality than those agreed to in the contract. An immaterial Breach of Contract is an act or omission that does not substantially impair the value of the agreement. Examples of an immaterial breach of contract include a late payment, technical errors, or minor discrepancies in the quality of work. If a party breaches the contract, the non-breaching party can sue for damages suffered due to the breach. The amount of damages depends upon the severity of the breach. In addition, the court may also order the breaching party to fulfill the terms of the contract.

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