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But how do courts determine what constitutes a material breach of contract? They refer to a legal treatise called the Restatement (Second) of the Law of Contracts. Completed in 1979, this treatise is one of the most frequently cited in the entire United States justice system – every first year law student in the country learns about it. In combination with the Uniform Commercial Code, the Restatement governs all contracts and sets out the following criteria for a material breach of contract.

We all try to avoid becoming involved in contract disputes, whether as an individual or a business. Unfortunately, that’s not always possible. If you’re dealing with a breach of contract, a contract dispute is sometimes the only way to ensure that your interests are protected. First, let’s learn a bit more about contracts and contract disputes. Then we’ll take a look at some tips for avoiding them in the first place.