Legal Definitions - nonessential term

A nonessential term is a contractual provision that is not considered fundamental to the existence of the contract. It is also known as a nonfundamental or nonvital term. Unlike essential terms, a breach of a nonessential term does not make the performance essentially different from what was promised.

For example, a contract for the sale of a car may include a nonessential term specifying the color of the car. If the car is delivered in a different color, it would be a breach of contract, but it would not make the performance essentially different from what was promised.

Another example is a contract for the delivery of goods within 30 days. The delivery term is an essential term because it specifies the essential purpose of the contract. If the goods are not delivered within 30 days, it would be a breach of contract that makes the performance essentially different from what was promised.