Fundamental and minor breach of contract

Not all breaches of contract, amount to a discharge of contract. This post will explain what kind of breaches of contract will, and what kind won’t.

In the previous post I’ve explained, (somewhat) aptly the distinction between breach of contract, and discharge of contract. Not all breaches of contract, amount to a discharge of contract. This post will explain what kind of breaches of contract will, and what kind won’t.

Fundamental breach

A breach of this kind, would amount to the end (discharge) of contract. Therefore no longer in existence. For example, if we have a contract for you to deliver me a dustpan, but instead you bring me the Nimbus 2007 (which we all know is shit). That is a fundamental breach. Because,

1. it is not what I bought
2. you are stupid

Minor breach

A breach of this kind does not amount to the cancellation of the contract. The party affected by the breach, meaning the monkey who did not commit the breach, may recover losses (which I’ll explain in a later post). Minor breach example: you have to deliver me the dustpan at 3.30pm, but instead, you only deliver it to me at 3.35pm (because you are so 5 minutes ago). This is not a fundamental breach because it is insignificant.

However, if it is emphasized and noted that it is imperative that I must have the dustpan by 3.30pm and not later, then by delivering it 5 minutes late, is a fundamental breach because you have disrupted the essence of the contract.

And also because you are so 5 minutes ago.

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*The writer is a law graduate who failed Contract Law (Part 2) once. He writes for RA every Monday.