partial breach

Primary tabs

A partial breach is a relatively insignificant breach of contract that does not rise to the level of a material breach.  A parital breach may also be called an immaterial breach. A partial breach does not affect the value of a contract nor does it cause it to fail. Although such a breach still requires both parties to continue to perform, it nonetheless allows for the non-breaching party to recover damages in a cause of action. Other remedies may be available to enforce performance by the breaching party such as specific performance.

[Last updated in July of 2020 by the Wex Definitions Team]