Breach of Contracts: Most common types

Jeff Varcadipane

March 8, 2022

Anytime you enter into a legal agreement, you risk that a breach of contract will occur. Even if you and the other parties fully agree to the terms of a contract, there is always the chance that they will decide not to abide by those terms – or that they will accuse you of failing to do so.

Contracts are legally-binding, as long as they meet the requirements under contract law. This means that you have the right to take legal action if another party commits a breach of contract. Below are different types of contract breaches that might occur. To discuss specific concerns you have about a contract, reach out to a breach of contract lawyer right away.

Actual Breach

This is a contract breach that has already happened, meaning a party failed to meet its obligations by the required date or the party’s performance of the contract was improper or incomplete. When this occurs, the party that suffered losses can seek legal relief for the actual breach if they had a legally-enforceable contract. This might include seeking damages to compensate for losses or, in rare cases, a court order that the party performs its agreed-upon obligations.

Anticipatory Breach

Not every contract dispute arises after a breach occurs, as some parties might indicate that it does not plan to – or cannot – perform its obligations under the agreement. Anticipatory breaches might be discovered through a direct notice from the other party that it will not fulfill its end of the bargain or based on conduct that demonstrates they do not plan to deliver. Some anticipatory breaches might be covered under force majeure clauses or similar provisions, but never assume this. Instead, discuss the matter with a skilled attorney.

Material vs. Immaterial Breach

Unlike actual vs. anticipatory breaches, a material or minor breach refers to how the contract impacts the agreement and parties. If you receive substantially less than you should have under a contract, it is a material breach, and it can result in significant compensation to remedy the breach of contract.

On the other hand, an immaterial breach involves a relatively minor aspect of the contract. The party might only fail to complete a small part of the agreement instead of breaching their full obligations under the contract. Sometimes, an immaterial breach results in no direct financial losses, and there might be no legal remedy available for an immaterial breach.

Consult with a New Jersey Contract Attorney Today

No matter what type of breach occurred, you should always discuss your options with a contract lawyer. The right lawyer can assess your losses stemming from the breach and determine the best course of action. In some cases, it only requires discussion or negotiation with an attorney to induce the other party to perform the contract. It is often preferable to resolve these matters out of court.

However, if you cannot resolve your breach of contract dispute through informal negotiation, the attorneys of Varcadipane & Pinnisi, PC, can pursue a breach of contract claim in civil court. Contact us to learn more about our civil litigation and contract services.

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"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

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"The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

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"To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi is that..."

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Cases We Handle

Breach of Contracts: Most common types

Actual Breach

Anticipatory Breach

Material vs. Immaterial Breach

Consult with a New Jersey Contract Attorney Today

Let Us Fight For You

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"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

"Varcadipane & Pinnisi were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

"I had a great experience with Varcadipane & Pinnisi, PC law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recommend..."

"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care and attention to detail. Your legal needs are in great hands with Varcadipane & Pinnisi. "

"Varcadipane & Pinnisi PC has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

"The entire team at VARCADIPANE & PINNISI were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCADIPANE..."

"We are extremely pleased with the exceptional legal services provided by Varcdipane & Pinnisi. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services to anyo..."

"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

"I cannot praise Varcadipane & Pinnisi, PC enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating wit..."

"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

"My name is John and my experience with Varcadipane & Pinnisi was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a client you..."

"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, PC. What started..."

"I would highly recommend Varcadipane & Pinnisi for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We all n..."

"They are very good lawyers and they are very kind thanks for everything 😊😊 "

"It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along the road..."

"We Hired Varcadipane & Pinnisi for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took all of..."

"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

"Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

"I was very satisfied with Varcadipane & Pinnisi. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would Whole heartily recommend to anyone..."

"Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

"The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

"Dawn Pinnisi is a caring and responsible attorney who worked assiduously on my behalf. Highly recommend. "

"To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi is that..."

"Varcadipane & Pinnisi were successful in negotiating our claim. Professional and knowledgeable "

"They were outstanding in every way and I couldn’t be more pleased! "

"I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

"Words can’t adequately express my gratitude to Dawn for taking on my medical malpractice case. At our first meeting Dawn had compassion for I went through and took the time to listen to everything I had to say. Throughout the e..."

"Dawn Pinnisi was recommended to me from another lawyer. From the moment I spoke with her, I left it all in her hands. I live 2 hours away and I never had to go to her office! She settled my lawsuit so fast and for more that I ever ex..."

"I would like to start off by telling everyone at the firm how thankful I am for all of you who were involved in my case. I was always treated professionally, with a friendly smile and greeting anytime I was at the office. Moreover, m..."

"I have known Jeff Varcadipane for over 7 years, during which time he has advised me on several real estate and civil claims issues. Most recently, he assisted with my complicated real estate transaction in NYC. He was very responsive..."

"The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, then lo..."

"Great law firm! Dawn Pinnisi is a great lawyer, very easy to work with, and got me a more than fair settlement on my case. Highly recommend this law firm. "

"When forming my business, it was important that I started with the right structure. Jeff took the time to explain the pros and cons from a legal perspective and I was able to make a confident decision. Varcadipane & Pinnisi got m..."

"The legal process is complicated and at times frustrating but Jeff has managed to translate this process so it is clear to me. He has been patient in walking me through this step by step. Jeff has been timely in providing me with upd..."

"Dawn is the best she won 2 cases for me for over $300,000. The first one was very difficult being that the company had no insurance, but Dawn handled it with such persistence and professionalism that we won. If you want a lawyer who ..."

"I highly endorse this lawyer. Dawn is smart and personable. She is known to be a great litigator and she is extremely knowledgeable about the law as well as being fiercely defensive of her clients. I have attended many court appearan..."

"I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

"Dawn Pinnisi is a fantastic attorney with whom I have worked on numerous cases. Dawn is someone I am proud to call a friend. Over the years I have seen how personally invested she becomes in each of her cases, stopping at nothing to ..."

"Dawn really helped me out in a time of need after my accident. I wasn’t sure if I had a case or not but after my consultation, she gave me hope. I felt like I could trust her and she always returned my phone calls after reachin..."

"I highly recommend Dawn Pinnisi for medical malpractice, car accident, and personal injury cases. Not only is she one of the most experienced attorneys in the field she’s an honest, trustworthy, and caring person in the litigat..."

"I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

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