What is a material breach of contract?

A material breach of contract is a legal term used to describe a violation of an agreement that is serious enough to give one party the right to terminate the contract. In South Carolina, a material breach of contract is when one of the parties fails to perform his or her duties in a material manner and the breach causes substantial harm to the other party. This is a very broad term and can include a wide variety of breaches including not performing duties that were agreed upon, not providing a service or product on time, not paying the agreed-upon amount and more. The courts will look at a few factors when determining if a breach of contract is material in nature, such as the importance of the provision breached in reference to the rest of the agreement; the extent of the non-performance of the breach; the good faith or bad faith of the parties; and whether the breach can be remedied or not. For example, if a party fails to deliver a product on time, it is a material breach of contract if it was a critical requirement for the other party. In cases of a material breach of contract, the non-breaching party can seek damages from the breaching party or even terminate the contract. If the breach is urgent, the non-breaching party can also ask the court for an injunction to force the breaching party to comply with the contracted terms. Ultimately, a material breach of contract is a serious legal issue and the courts of South Carolina take a serious view of such breaches.

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