10 Corbin on Contracts § 53.4

Summary

Regardless of its size or kind, for every breach of contract the law will give an immediate remedy. The terms “total breach” and “partial breach” are frequently used by courts in determining the remedies that are available to the injured party. Courts also commonly classify breaches as either “material” or “immaterial” breaches. There is, however, some confusion in the use of these terms. Material and immaterial breaches are distinguished by the severity of the breach.1