Whether you are an individual or a business entering a contract, you should be aware of the conditions under which the contract could be breached. Based on the specifics of the contract, you or the other party could unintentionally commit a breach which could lead to legal action. More often than not, breaches are caused by a poorly drafted commercial contract. In some cases, however, the breach is committed with a view to subvert the contract itself. In this blog, Melbourne Law Studio outlines three common types of breaches of contract: material, minor and repudiation.
The most serious type of breach is called a material breach. Also known as a fundamental breach, it involves a failure to fulfil a key element of the contract.
While contracts often outline exactly what counts as a material breach and what does not, if there has been a breach, the aggrieved party has the right to claim remedies.
If, for example, you hire a painter to paint your house and the painter never arrives to begin the job, it would be considered a material breach of contract.
Not all breaches of a commercial contract are considered fundamental or material in nature. If a non-essential obligation has not been met, it would be considered a minor breach. The contract remains valid, and the aggrieved party has a right to recover damages. A minor breach does not give either party the right to terminate the contract.
If you have agreed that the painter will paint your house with a specific shade of blue paint from a specific brand, and the painter arrives with the correct shade of blue but from a different brand, this would be considered a minor breach of contract.
Contact Melbourne Law Studio to speak with a business contract lawyer about contract breaches today.
A repudiation of a contract occurs when one of the involved parties indicates that they will not honour their side of the contract. This may happen because they are unwilling or unable to do so. The party repudiating the contract has to notify the other party and demonstrate their intention through direct communication.
If the painter mentioned earlier contacts you to let you know that they will not be arriving to complete the job even after an agreement was made, it is considered a repudiation of the contract.
Looking for a contract lawyer Melbourne businesses can rely on? At Melbourne Law Studio, we assist clients by drafting clear, concise contracts that leave no room for ambiguity. If you are an aggrieved party in a contract and would like to know your rights, contact us today for an obligation-free consultation.
Absolutely fantastic service. Highly recommend. The team at Melbourne Law Studio was very helpful and professional keeping me updated at all stages of the process providing the best of guidance and clarity in my personal matters. Demi was outstanding in the services provided from start to finish, very helpful and insightful with prompt responses to all my queries, making the whole process far less stressful. Thank you Ines, Demi and the team for helping me move on with my life. I would highly recommend Demi and the MLS team as a whole.
Melbourne Law Studio was a beacon of hope during a very challenging time in my life. The staff was empathetic, knowledgeable, and professional. They guided me through every step of my family law matter, providing clear explanations and support. I felt reassured knowing I had a strong team advocating for my rights. I am grateful for their hard work and commitment to achieving a fair outcome.
Going through a separation was one of the toughest experiences, but Melbourne Law Studio made it feel manageable. Even though it could get emotionally overwhelming, I could see a light at the end of the tunnel. Ines was patient, listened to all my concerns, and treated me with respect and kindness. She has a really easy demeanour about her and I felt like her and the team had my back every step of the way. I can’t thank MSL enough for their support.
After my separation, a friend suggested I reach out to Ines at MLS. From the start, she was not only professional but also genuinely supportive and open about the process, costs, and the likely outcomes. Her approach was in line with my goal of reaching a fair and amicable resolution. I’m really grateful for her kindness and attention to detail. Thank you
From the first call I felt like I was in the right hands with Melbourne Law Studio. They were friendly and made me feel heard. Ines and her team went above and beyond to make sure I understood all my options and helped develop a strategy to get the best result in what was a really messy parenting dispute. Their personal approach and genuine care made me feel like I was always welcome to call them and see what was happening or what was next, the waiting sometimes for the other side was hard so I’m truly grateful for that.
Choose a time that suits you to have a chat about your legal needs.
Send us a message using the form below.
