What is a material breach of contract?

A material breach of contract is a failure to fulfill a contractual obligation that goes to the heart of the contract and prevents either party form fulfilling their part of the agreement. In other words, if one party fails to perform their obligation as detailed in the contract, and the other party is deprived of the benefit of the bargain, a material breach of contract has occurred. In Mississippi, a material breach of contract allows the non-breaching party the right to sue for damages, cancel the contract, obtain an injunction, or seek specific performance from the breaching party. Examples of a material breach of contract include failure to make timely payments, failure to deliver goods or services as outlined in the contract, or failure to meet contractual performance standards. It is important to note that not all breaches of contract constitute a material breach, as some breaches may be minor or inconsequential in nature. If a breach qualifies as material, the non-breaching party typically has a right to seek legal remedies to protect their rights and interests.

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