Home Back to Glossary

What is a Minor Breach of Contract?

A breach of contract refers to the failure of one party to perform the obligations specified in a binding agreement with another party. When a contract is breached, the person at fault may face legal consequences. But not all breaches are the same.

A minor breach occurs when someone doesn't fully meet a minor promise in the contract, like being a few days late on a delivery.

When a Minor Breach occurs, the non-breaching party generally has the right to sue for damages caused by the breach. But the consequences are usually relatively minor compared to a material breach. Consequences typically encompass losses or damage caused by the minor breach: things like expenses incurred because of the delay or repairs needed to fix a minor defect.

In many cases, contracts contain specific provisions outlining the consequences of a Minor Breach and mechanisms for dispute resolution (like mediation or negotiation) to address these minor breaches without resorting to costly litigation. Your contract management software should be able to help you track and act on these provisions.

An important note: the distinction between a minor breach and a material breach often depends on:

  1. the specific circumstances of each case, and
  2. the language used in the contract.

Categorizing a breach as minor serves to preserve the overall purpose and performance of the contract, allowing one party to seek appropriate remedies without disproportionately affecting the other party.

Get Started with ContractSafe Today

Request a Demo