Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Breach of contract
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
===Trivial breach=== A ''trivial breach'' is one that does not meet the standard for designation as a material, serious or substantial breach. An [[Arizona Supreme Court]] decision in a 1990 commercial [[retail leasing|retail lease]] case noted that "the overwhelming majority of [US] jurisdictions... hold the landlord's right to terminate is not unlimited. We believe a court's decision to permit termination must be tempered by notions of equity and common sense. We thus hold a forfeiture for a trivial or immaterial breach of a commercial lease should not be enforced."<ref>Supreme Court of Arizona, [https://law.justia.com/cases/arizona/supreme-court/1990/cv-89-0010-pr-2.html Foundation Dev. Corp. v. Loehmann's], 163 Ariz. 438 (1990), accessed 25 January 2021</ref> In Rice (t/a The Garden Guardian) v [[Great Yarmouth Borough Council]] (2000),<ref>All ER (D) 902, CA</ref> the UK Court of Appeal decided that a clause which provided that the contract could be terminated "if the contractor commits a breach of any of its obligations under the contract" should not be given its [[literal meaning]]: it was considered "contrary to business common sense" to allow any breach at all, however trivial, to create grounds for termination.<ref name=winser>Winser, C., ''Terminating a Commercial Contract for Material Breach'', Crown Office Chambers, June 2007</ref>
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)