Full question:
What is the difference between a technical breach and a material breach? What is the Doctrine of Mutuality?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: New York
Answer:
A technical breach is a minor divergence from the terms of the contract, a material breach is significant enough to affect the value of the contract. The doctrine of mutuality requires a contract to be based on an exchange of reciprocal promises. The doctrine doesn't apply to unilateral contracts.
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