Four Types of Contract Breaches - Bantle & Levy LLP

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Four Types of Contract Breaches

Employees of all levels are likely to encounter various contracts throughout their employment. When you sign any sort of contract for your employer, you aren’t the only one expected to uphold the terms and conditions it states. Your employer may also make certain promises in your contract, such as paying you a specific salary, providing you with so many vacation days, or containing your employment. Employment contracts are legally binding, so your employer is just as responsible for following through on their end of the deal as you are. 

Employment contracts being legally binding doesn’t mean your employer may breach the contract and not provide what they promised. If your employer breached your contract, you deserve to be compensated for the damages you experienced due to it. However, there is more than one way that a contract breach can occur. Learn more about these four types of contract breaches

Types of Contract Breaches

The breach of contract attorneys of Bantle & Levy can help you learn more about the four types of contract breaches and what each one entails. 

Minor

In a minor breach of contract, also known as a partial breach of contract, only a small part of the contract is breached. While the other party did breach the contract, it wasn’t significant. For example, something the other party promised to provide something by a certain date and was late, although you still received what you were expecting through the contract. You may still be able to sue for a minor breach of contract if you can prove that it caused financial damages. 

Material

Material breaches of contract occur when the other party significantly breaches an aspect of the contract. The breaching party strays so far from what they promised to fulfill in the contract that the non-breaching party is often no longer required to fulfill their obligations. As material breaches are so significant, you likely experienced financial damages that you deserve to be compensated for.  

Anticipatory

When one party knows they will be unable to fulfill their side of the contract and notifies the other party. An anticipatory breach can also occur if the party that intends to breach the contract doesn’t confirm it but otherwise shows that they won’t be following through on their obligations. In the event of an anticipatory breach, you may begin to take action before the breach actually occurs.  

Actual

An actual breach of contract occurs when one party refuses to fulfill their obligations. Unlike an anticipatory breach, an actual breach of contract has already occurred. This can include incorrectly or incompletely performing duties or failing to meet a deadline.

How Do You Prove a Breach of Contract?

To receive compensation for the damages that resulted from a breached contract, you need to prove that a breach occurred. This includes showing these four elements:

  1. There was a valid contract.
  2. You performed your obligations of the contract.
  3. Your employer failed to perform their obligations.
  4. You experienced damages due to your employer failing to perform their obligations. 

Get Compensation for a Breach of Contract with Bantle & Levy

Employers should not get away with breaching employment contracts and causing damages to their employees. They signed a legally-binding contract, which they’re just as responsible for upholding as you are. At Bantle & Levy, our breach of contract attorneys can hold your employer responsible for their actions and help you win compensation for the losses you experienced. Additionally, we can assist with reviewing and negotiating your employment contracts before you sign them.

Contact our breach of contract attorneys today for help.

Bantle & Levy
Bantle & Levy

Lee Bantle is a partner at Bantle & Levy LLP. He has extensive legal expertise, admitted to the bars of the U.S. District Court and the U.S. Court of Appeals. With a distinguished academic background and clerkship experience, he has been recognized as a top-rated civil rights attorney and esteemed lawyer. In addition to his successful career, he has actively contributed to various legal organizations and serves as a faculty member for NYU's Annual Workshop on Employment Law for Federal Judges.

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