partial breach


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partial breach

n. the failure to meet a term of a contract which is so minimal that it does not cause the contract to fail or justify breach (breaking the contract) by the other contracting party. A partial breach can be remedied (made up) by a small reduction in payment or other adjustment. Example: a landlord promises to rent an apartment furnished, and when the tenants move in some furnishings are not there. The landlord may lower the rent temporarily until he/she can bring in the missing or expected items.

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9) See note 4 (breach of contract decisions from the other 49 states--none of which included materiality as an element required for recovery of damages in partial breach of contract cases).
the same result as expectation damages for partial breach.
A partial breach coupled with the declared intention to exit the contractual relationship results in total breach.