Contractual Breach Definition

A contractual breach is a failure, without legal excuse, to perform any obligation contracted to be performed by the breaching party. A material breach of contract is a breach that would cause major harm to the non-breaching party or defeat the purpose of the contract. The breach must go to the root of the agreement between the parties. A minor breach of contract is a failure to perform some obligation under the contract that does not go to the root of the agreement and would not cause major harm to the non-breaching party.