commercial law 

thesmartessays

commercial law 
Format MLA
Volume of 1100 – 2200 pages (6 pages)

description

Material and non-material breach of contract The word that the lower court left in its opinion is “material”. Mills construction made an argument that there was an error in the ruling since the court failed to identify mill’s breach as a material breach of contract (Champion 49). In response, the appellate court said that the district court had implied that mills breached the contract when he failed to provide standard materials for Double Diamond to complete the job. It was therefore concluded by the court that Mill’s failure to supply appropriate materials is what made it impossible for double Diamond to complete the construction (Champion 52).The stakeholders in the Miller case are the company owners, the management, those employed in the involved companies, and the company which had been sub-contracted. The owner of the building was also a key stakeholder and the insurance company as well (Cohen 97). This breach of contract had negative impacts to the stakeholders in that a high level of mistrust was developed amongst them. When the project failed to be completed, money was lost and the owner of the project was affected in that the project was not completed in his stipulated time and this disrupted all his future plans regarding the project. The companies involved suffered in that the potential clients in the general public would avoid dealings with them since the business names had been tarnished.A breach of contract where a party is involved in a major failure to perform is considered as material breach while a breach involving a minor failure to carry out a contractual obligation is termed as a non-material breach (Blum 105). In real life if I visit a carpenter’s shop and give him instructions to make a coffee table and in exchange pay him a specific amount of money, we shall be entering into a contract. I will give him the specifics in terms of height, width, color and design. If the carpenter fails to make the coffee table completely, that will be a material breach. A non-material breach will arise if the carpenter makes the table but fails to meet one of my specifications such as the table being shorter in height than the one I had specified.

Works citedBlum, Brian. Contracts: Examples & Explanations. Netherlands: Aspen Publishers Online, 2007.Champion, Ronan. Construction Contracts: Law and Management. Abingdon: Routledge, 2014.Cohen, Nili. Comparative Remedies for Breach of Contract. Oxford: Hart Publishing, 2005.

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