What is a material breach of contract?
A material breach of contract is when there is a substantial or fundamental violation of a contract that affects the value of the agreement for one of the parties. In the state of Florida, material breach of contract is defined as the failure to do what was promised in the agreement, or the failure to do something that is an essential part of the agreement. A material breach can be any action or inaction that affects the value of the contract, such as a party not fulfilling their obligations, not being able to pay, not performing the duties or services that they agreed to provide, or not showing up to meetings or negotiations. Depending on the agreement, a material breach can also involve either party not upholding certain laws or regulations associated with the contract. When a material breach of contract is proven, the non-breaching party is generally entitled to damages or relief that compensates for the losses resulting from the breach. These losses must be measurable in order to be recovered. The non-breaching party may also seek to terminate the contract and be released from further obligations under the agreement. In some cases, the court may also order specific performance, which requires the party in breach to fulfill the contract as it was originally formed.
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