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Breach Of Contract Archives

Breach of Contract and Concurrent Fraud Claims

Can a Person Incorporate a Fraud Claim in His or Her Breach of Contract Lawsuit?

Normally a fraud cause of action cannot be filed concurrently with a breach of contract cause of action, if both are founded on the identical fundamental details and conditions. The court will typically concentrate on the breach of contract claim and ignore the fraud claims as identical, particularly when the fraud claim only reiterates details of the claim for breach.

What is a Material Breach of Contract?

In contract law, a material breach of contract is a breach, a failure to execute the contract that hits so profoundly at the core of the contract that it causes the agreement to be "irreparably broken" and overwhelms the reason of making the contract in the first place. The breach must proceed to the actual source of the agreement between the parties. If there is a material breach, sometimes indicated as a "total" breach, the other party can just terminate the agreement and proceed to court to attempt to collect damages brought about by the breach. In settling on whether a breach is material, courts frequently rely on guidance from a legal handbook known as the Restatement (Second) of Contracts, in addition to other court decisions that developed from contract disputes.

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