What is a Breach of Contract? (And Can You Sue?)
Someone broke a promise. But is it a “Breach of Contract” in the eyes of the law? Not all broken promises are created equal. You generally cannot sue if the breach is “Minor,” but you can destroy them in court if it is “Material.” Here is the difference between an annoyance and a lawsuit.
1. Material vs. Minor Breach: The Rule
This is the first question a judge will ask. Did they break the heart of the contract, or just scratch the paint?
Result: You are excused from paying and can sue for total damages.
Result: You must still pay the contract price, minus the cost to fix the small error. You cannot cancel the deal.
2. Real World Examples
How courts generally view common disputes.
| Scenario | Breach Type | Your Right |
|---|---|---|
| Wrong Color Paint House painted Blue instead of Green. |
Material | Don’t Pay & Sue |
| 2 Days Late House painted correctly, but late. |
Minor | Must Pay |
| Non-Payment Client refuses to pay invoice. |
Material | Stop Work & Sue |
3. Time Limit: The “Statute of Limitations”
Your right to sue does not last forever. In legal terms, this is your “Carryover” period. Once the clock runs out, your right to sue is gone (expired).
| Timeline | Status | Right to Sue (Time Remaining) |
|---|---|---|
| Year 1 | Fresh | |
| Year 3 | Aging | |
| Year 6+ | Expired |
4. Strategy: The “Duty to Mitigate”
You cannot sit back and let the damages pile up just to sue for more money. The law requires you to stop the bleeding.
- The Rule: If a contractor breaks a window, you must tape it up to stop rain damage.
- The Risk: If you let the rain ruin your $5,000 carpet, the judge will generally NOT award you money for the carpet because you failed to mitigate.
5. Warning: The “Emotional Distress” Trap
Many people want to sue for “pain and suffering” because the breach stressed them out.
⛔ No Pain Money
Contract law is cold. It only cares about financial loss.
- ❌ “I couldn’t sleep for weeks.” (Not Compensated)
- ❌ “They embarrassed me.” (Not Compensated)
- ✅ “I had to pay $5,000 to fix their mess.” (Compensated)