Contract Glossary
Material Breach
Definition
A failure to perform a contractual obligation so significant that it defeats the purpose of the contract. Unlike a minor breach (where the core deal still stands), a material breach gives the non-breaching party the right to terminate the contract and sue for damages.
In Practice
If you hire a caterer for 200 guests and they show up with food for 50, that's a material breach, the whole point of the contract is undermined. If they show up 15 minutes late but serve everyone perfectly, that's a minor breach. The distinction determines whether you can walk away from the deal or only claim partial damages.
Common in these contract types
Related terms
Related contract clauses
Frequently asked questions
Create a contract with proper material breach clauses
Generate a professional contract in minutes with all the essential clauses -- no legal expertise needed.
Create your contractThis content is for informational purposes only and does not constitute legal advice.