Legal Definitions - nonvital term

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Definition of nonvital term

A nonvital term is a contractual provision that is not considered essential for the contract to exist. It is also known as a nonfundamental or nonessential term. Unlike fundamental terms, a breach of a nonvital 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 nonvital term specifying the color of the car. If the seller delivers a car of 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 of a nonvital term is a provision dealing with a minor issue such as the font size of a contract or the color of the paper it is printed on.

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Simple Definition

A term is a word or phrase that has a specific meaning in a certain field or a condition that is agreed upon in a contract. A fundamental term is an essential part of a contract, while a nonfundamental term is not as important. An implied term is not specifically stated in a contract but is understood to be included. A material term deals with significant issues such as price or quality. A term of years is a fixed period of time, and a term of court is the period during which a court conducts judicial business. There are different types of terms, such as general terms, special terms, and appearance terms. In English law, a term fee is a sum that a solicitor may charge a client for each term in which legal proceedings take place.

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