Question 1

What qualifies as a breach of contract?

Accepted Answer

Any failure to perform what the contract requires — missed deadlines, non-payment, delivering substandard work, or violating a confidentiality clause. The breach can be a single event (not paying an invoice) or ongoing (consistently delivering late). The key question is always: did they do what they promised?

Question 2

What can I do if someone breaches our contract?

Accepted Answer

Start with a written notice of breach — many contracts require it. Give them a chance to fix it (called 'curing' the breach). If they don't, your options depend on the contract: terminate, demand damages, seek specific performance through court, or go through the dispute resolution process the contract specifies.

Question 3

What's the difference between material and minor breach?

Accepted Answer

A material breach goes to the heart of the deal — you didn't get what you bargained for. A minor breach is a partial failure that doesn't destroy the contract's purpose. If you ordered 1,000 units and got 950, that's probably minor. If you got 200, that's material. The distinction determines whether you can walk away from the whole contract.

Question 4

Can you sue for breach of contract without a written contract?

Accepted Answer

Yes, if you can prove the agreement existed and its terms. Verbal contracts are enforceable for most types of agreements (real estate and agreements lasting over a year being notable exceptions). But proving what was agreed without a written document is expensive and uncertain. This is why you always get it in writing.

Question 5

How long do you have to sue for breach of contract?

Accepted Answer

It depends on your jurisdiction. In most U.S. states, you have 3–6 years from the date of the breach. In the UK, it's 6 years. Some contracts include provisions that shorten this window. Check your contract and your state's statute of limitations — miss the deadline and your claim is dead regardless of its merits.

Question 6

What happens if both parties breach the contract?

Accepted Answer

Courts look at who breached first and how seriously. The party who breached first (and materially) usually loses the right to enforce the contract against the other. If both breaches are minor, both parties may still have claims against each other. It gets messy — which is another reason to document everything.

Breach of Contract

Definition

In Practice

Common in these contract types

Related terms

Frequently asked questions about breach of contract

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