partial breach

Thân thiện

A supplier's partial breach of contract delayed the shipment by one week.

Definition

Noun: A partial breach is a failure to perform some part of a contract that does not completely undermine the core purpose or value of the agreement. It is a violation of a contractual term that is not considered fundamental. While the contract remains in effect, the injured party has a legal right to claim financial compensation (damages) for the losses suffered due to this breach.

Usage

This term is used specifically in legal and contractual contexts to describe a specific type of contractual failure. - It distinguishes a less severe breach from a material breach or fundamental breach, which would allow the injured party to terminate the contract. - The core concept is that the contract's main purpose is still achievable despite the breach.

Examples

• The supplier's delivery was three days late, constituting a partial breach of the delivery schedule clause. The buyer could claim damages for the delay but could not cancel the entire contract.
• A partial breach occurred when the software developer delivered all required features but with minor bugs that did not prevent the software's core operation. The client sued for damages to cover the cost of fixing the bugs.
• Failing to paint the trim in the exact shade specified was deemed a partial breach of the construction contract, as the house was still fully functional and livable.

Advanced Usage

• Legal Doctrine: The concept of a partial breach is central to contract law remedies. It upholds the principle that the law prefers to keep contracts alive and enforce them where possible, compensating for shortcomings rather than ending the agreement.
• Contrast with Material Breach: A partial breach does not discharge the non-breaching party from their own obligations under the contract, whereas a material breach does.

Variants and Related Words

• Breach of Contract (n): The overarching term for any violation of a contract's terms.
• Material Breach (n): A serious breach that strikes at the root of the contract, allowing the injured party to terminate it and sue for damages.
• Anticipatory Breach (n): A breach that occurs when a party indicates, before the performance is due, that they will not fulfill their contractual obligations.
• Damages (n): The monetary compensation awarded for a breach of contract.

Synonyms

• Minor breach
• Immaterial breach
• Non-fundamental breach

Antonyms

• Material breach
• Fundamental breach
• Total breach

Related Phrases

• To give rise to a claim for damages: This is the primary legal consequence of a partial breach. The phrase is often used in its definition and in legal rulings.
• To sue for damages resulting from a partial breach: Describes the action taken by the injured party.

Học thuật

Noun

1. a breach that does not destroy the value of the contract but can give rise to a claim for damages