Performance of promises by one party (e.g. Party A) that is due earlier than performance of promises by the other (e.g. Party B) are therefore ... 3. An uncured material failure of performance may not be a breach of a promise yet will still discharge duties of counter-performance where the contract is not divisible.
law.scu.edu/FacWebPage/Neustadter/contractsebook/main/c... law.scu.edu/FacWebPage/Neustadter/contractsebook/main/commentary/Materialbreach.html
Unless a breach is material, it cannot be used as an excuse to void or avoid the contract obligations. A licensor that receives substantial (but imperfect) performance cannot cancel the contract on that account, but it can recover damages for the less than complete performance.
www.law.berkeley.edu/institutes/bclt/events/ucc2b/draft... www.law.berkeley.edu/institutes/bclt/events/ucc2b/draft/march_draft/601.html
Using the first example above, the breach could be considered material if the different brand of wood was proven to last less as long as the brand mentioned in the contract. ... Business attorneys can also be very critical in cases of substantial performance, and guide you through other types of breach of contract cases.
www.legalfish.com/business-attorney/transactions-contra... www.legalfish.com/business-attorney/transactions-contracts.htm
In the event of a material breach of contract, the nonbreaching party is excused from further performance of his or her contractual duties and has a cause of action to sue for damages caused by the breach. ... Anything less than complete performance is a material breach of contract.
learn.southsuburbancollege.edu/pdeane/201ch17tf.html
In the event of a material breach of contract, the nonbreaching party is excused from further performance of his or her contractual duties and has a cause of action to sue for damages caused by the breach. ... Anything less than complete performance is a material breach of contract.
learn.southsuburbancollege.edu/pdeane/201ch169e.html
By performance; There are two basic types of performance: complete performance and substantial performance. When a party performs exactly as agreed, there is no question as to whether the contract has been performed. ... Anything less than substantial performance is a material breach of contract.
www.pstcc.edu/departments/lat/classes/2300/notes/chap16... www.pstcc.edu/departments/lat/classes/2300/notes/chap16.htm
The generally accepted definition of an executory contract is a contract under which the obligations of both the debtor and the other party are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other.
www.judiciary.house.gov/legacy/532.htm
Material breach is a contract law term which refers to a failure of performance under the contract which is significant enough to give the aggrieved party the right to sue for breach of contract. When there has been a material breach, ... When you need a legal form, don't accept anything less than the USlegal™ brand.
www.uslegalforms.com/vt/VT-1266LT.htm
Material breach is a contract law term which refers to a failure of performance under the contract which is significant enough to give the aggrieved party the right to sue for breach of contract. When there has been a material breach, ... When you need a legal form, don't accept anything less than the USlegal™ brand.
www.uslegalforms.com/ut/UT-1204LT.htm
As a consequence, M&M contends that the bankruptcy court erroneously concluded that M&M had sufficient knowledge of Debtors' Chapter 13 petition to willfully violate 362. A. Standard of Proof The burden of proof needed to establish a willful violation under 362(k)(1) is less than certain in this circuit.
laws.lp.findlaw.com/getcase/10th/case/058089.html