1 Corbin on Contracts Desk Edition § 53.04

Summary

The terms “material breach” and “immaterial breach” are used by courts in determining the remedies that are available to the injured party. There is some confusion in the use of these terms. The term “material” breach is typically used synonymously with “total” breach.1 (“Material breach” is the preferred term—references to “total breach” simply add unnecessary confusion to the concept.2) A “non-material” breach is a term typically used interchangeably with “partial” breach.3 A “material” (or “total”) breach is one that is sufficiently important to justify the aggrieved party to declare the contract at an end, thus discharging that party of its obligations to perform.4