What characterizes a breach of contract?

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A breach of contract is characterized by the failure to fulfill a fundamental condition of the agreement. This typically refers to essential terms that, if not adhered to, undermine the purpose of the contract and affect the parties' ability to carry out their obligations effectively.

When a fundamental condition is breached, it is considered a material breach, meaning that it significantly impairs the contract's value to the non-breaching party. This can provide grounds for the injured party to seek remedies such as damages or termination of the contract. For example, if a hotel fails to provide the agreed-upon services as stipulated in a booking agreement, this can be viewed as a breach of a fundamental term, allowing the guest to seek legal recourse.

In contrast, complete fulfillment of obligations indicates a compliance rather than a breach. Substantial performance, while it may not perfectly meet all contract terms, is not typically treated as a breach if the party has made an earnest effort to meet the contractual obligations. Minor breaches, on the other hand, often do not relieve parties from their performance; instead, they may allow for damage claims but still require the parties to fulfill their remaining obligations. Thus, recognizing the difference between a fundamental breach and other types of breaches is crucial in understanding contract

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