Legal Definitions - partial breach

A partial breach is a type of breach of contract that is not significant enough to be considered a material breach. It is also known as an immaterial breach. This type of breach does not affect the overall value of the contract and does not cause it to fail.

Even though both parties are still required to perform their obligations under the contract, the non-breaching party may be able to recover damages in a lawsuit. Other remedies, such as specific performance, may also be available to enforce performance by the breaching party.

Suppose that a homeowner hires a contractor to build a new deck on their house. The contract specifies that the deck will be made of redwood. However, the contractor uses cedar instead. This is a partial breach because the deck is still functional and the value of the contract has not been significantly affected. The homeowner may be able to recover damages for the cost difference between redwood and cedar, but the contract is not considered to have failed.

Another example of a partial breach could be a situation where a company agrees to deliver a product to a customer by a certain date, but the delivery is delayed by a few days. This delay may be a partial breach, but it does not affect the overall value of the contract.