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"Competent, Caring and Responsive"

Understanding a Material Breach of Contract in Idaho Falls

In law, a “material breach” occurs where a party fails to uphold the contract in a way that renders the agreement ”irreparably broken” which defeats the purpose of it having been drafted in the first place.

A breach of contract in Idaho Falls must go to the heart of the agreement between the parties before they can go to court seeking damages over the matter.

Who Can Seek to Be Compensated for Loss?

If the breach only goes so far as to include things that can be fixed within a reasonable timeframe or within an acceptable budget (whilst keeping the contract in effect), such breach may not be considered material.  In addition, Idaho law requires that aggrieved party does the reasonable thing to correct or mitigate the damages.  For example,  if a car is lacking hubcaps and the radio is not working, the car dealer who sold the car could easily install the hubcaps and install a new radio with relative ease.

What the Affected Party Stands to Lose

Time plays a critical role in determining whether or not a material breach of contract in Idaho Falls or elsewhere has occurred.  For example, if a homeowner hires a contractor to create an outdoor landscape and declares a breach towards the end of project that could have been declared much earlier, the courts will not be sympathetic to the homeowner and may declare the breach to not be material or waived.   In such cases where the majority of a contracted party’s obligations are met, called “substantial performance”) the less likely a material will have occurred, and the courts tend to agree.

David A. Johnson has been providing quality legal services in East Idaho. As both a private attorney and as a former Bonneville County Prosecuting Attorney, Mr. Johnson has substantial courtroom experience. Mr. Johnson has handled cases all over the State of Idaho. His primary areas of practice are in Bonneville, Bingham, Butte, Jefferson, Madison, Fremont Bannock and Jefferson Counties. In addition, to Idaho Falls, we serve residences in the Blackfoot, Shelley, Firth, Rigby, Rexburg, St. Anthony, Ashton, Ammon, Driggs and Victor, Idaho. [Read more..]