Contracts are the foundation of all business transactions, the agreements that bind people to their word. So, what constitutes a violation of a contract?
When is a Contract Violated?
A contract is simply an agreement between two or more parties to do something. A simple example might be a situation where I agree to sell you a car. In such an agreement, I am binding myself to deliver the vehicle to you. In turn, you are agreeing to deliver money or some other agreed thing to me in exchange for my act. Ah, but what if things don’t work out?
A violated contract occurs where one or more parties do not live up to the terms of a contract. Using our example above, I would be in violation of the contract if I did not actually sign over title to the car or give you the keys. You, in turn, would be in violation of contract if you did not give me the money or wrote a bad check. Either of these failures would be enforceable in a court of law.
Importantly, not all violation of contract situations carry the same wait. To give grounds to a lawsuit, the violation must be “material”. What does this mean? Well, it depends on the law of your state. In general, a material violation is a significant failure to meet the contractual terms. For instance, if I forget to sign something on the title transfer for the car in our example above, but then do so when you raise the issue, I am not in material violation of the contract. You were not really harmed in any significant way.
As you might imagine, businesses spend a lot of time in court arguing about these situations. What is material and what is not is often determined by the situation. Assume I order 1,000 toys from you for delivery on November 25, the day after Thanksgiving. Something comes up and you cannot deliver them till the following Monday. Is this small delay a violation of the terms of contract? On one hand, it is only a few days. On the other, those days occur right in the middle of the biggest shopping period for toys each year. There is no absolute answer to the question, but a court is probably going to be receptive to my claim against you.
What is a violation of the terms of a contract? Typically, it is something more than just a minor failure or delay in meeting a contractual obligation.
Gerard Simington is with FindAnAttorneyForMe.com - offering
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