Partial breach, or partial performance, refers to a party in an agreement fulfilling only a portion of their obligations. In other words, they are not fully meeting the promises they have made, and have therefore partially breached the contract. Partial breach is common in contracts when a party is not in a position to fulfill the entire obligations of the agreement.
Examples of Partial Breach
One common example of partial breach occurs when the seller in a sales contract partially completes their obligation. For example, they may not deliver the total amount of goods stipulated in the agreement. Another situation where partial breach occurs is when a service provider in an employment agreement fails to perform the services claimed in the contract.
Implications of Partial Breach
Partial breach may give either party to a contract the right to sue for breach of contract and damages. The law recognizes partial breaches as a violation of an agreement, and therefore the aggrieved party may be entitled to compensation. This compensatory remedy will depend on a number of factors, such as the circumstances of the breach, the severity of the breach, and the amount of damages sustained due to the breach.
Conclusion
Partial breach is a common occurrence in contractual agreements due to the difficulty of parties fulfilling their entire obligation. The extent and implications of a partial breach of contract must be carefully considered to determine whether there is a liability for breach of contract or recourse to damages.