Breach of contract depends on Essential and Non-Essential

Question

How breach of contract depends on Essential and Non-Essential Terms?

Answer 1

Whether breach of contract leads to discharge depends on whether it is a major or minor breach, which, in turn, depends on whether the term breached is essential or non-essential.  A minor breach of contract is the “breach of a non-essential term of a contract or of an essential term in a minor respect,” while a major breach is a “breach of the whole contract or of an essential term so that the purpose of the contract is defeated.” In the case of a major breach, the innocent party may elect to treat the breach as a discharge of the contract and will then be free from her own obligations under the contract; she will also be entitled to claim damages. Alternatively, the innocent party may elect to continue with the contract but will still be entitled to claim for damages. In the case of a minor breach, the injured party is entitled only to claim damages; she must still fulfil her part of the bargain.