What constitutes a breach of contract?

“Breach of contract” simply means that one party (or both) to the agreement, without a legally-recognized excuse, broke the agreement in some way, refused to recognize the agreement, or acted in a way inconsistent with the existence of the agreement. Not all breaches are the same or entitle the innocent party to the same legal remedy. Some breaches are considered “material.” A material breach occurs when a party breaks the contract in a way that deprives the innocent party of something vital to the purpose of the contract. On the other hand, some breaches are not “material” in that the violation is of a term not vital to the primary purpose of the contract. The innocent party’s legal options are different depending on whether or not the breach is material.