material breach
6
8.2
- noun
- /məˈtɪəriəl briːtʃ/
- Formal
:
incumplimiento material
- The court determined that the landlord's refusal to make necessary repairs constituted a material breach of the lease agreement.
- constitute a material breach
- declare a material breach
- committed a material breach
Examples
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In responding to Laguna's appeal, the government raised the affirmative defense of fraud, arguing it was not liable for Laguna's claim because Laguna had committed the first material breach by engaging in a kickback scheme with its subcontractors.
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The Board held that the breach was material, and Laguna's first material breach provided the government with a legal excuse for not paying Laguna's invoices.
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The court concluded that "the government did not have a 'known right' that would have invoked the prior material breach rule" until after the guilty plea was entered in July 2013.
Academic text (2017) -
Today we're going to introduce the concepts of material breach and substantial performance by exploring Jacob and Young's versus Kent.
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The court held that Laguna committed the first material breach by violating the Allowable Cost and Payment Clause.
Academic text (2017) -
Finally, in Laguna Construction Company v. Carter, the Federal Circuit affirmed the ASBCA's decision granting the government's motion for summary judgment on the ground that Laguna committed a prior material breach of the contract.
Academic text (2017) -
Thus, because the government had not intentionally relinquished or abandoned a known right, the government had not waived its right to invoke the prior material breach rule. 119 # 4. Northrop Grumman Computing Systems, Inc. v. United States #
Academic text (2017) -
The court agreed with the Board's determination that the employees' participation in the kickback scheme constituted a material breach that may be imputed to Laguna, since both employees were operating under the contract and within the scope of their employment when they manipulated the contracting process.
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When the contractor failed to meet the project's deadlines, it became a clear material breach of the contract terms.
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According to the judge, the company was guilty of a material breach due to its failure to deliver the goods on time.
Antonyms
How Serious
- Formal
6
8.2
- Formal
12
3.6
- Jargon
- Formal
Surface Forms
Morphology
The phrase combines 'material' (important/relevant) and 'breach' (a failure to observe an agreement) in a directly compositional way to mean a serious or significant violation of a contract. This sense follows normal adjective + noun composition and is cross-linguistically paralleled in legal registers, so a B1 learner who knows both constituents should be able to infer the meaning.
Etymology
Material breach shows a simple picture: a breach is a break or hole, and a material part is an important part of the contract. If the break is in an important part, the contract no longer works and the other side can 'end the deal' or 'ask for money', so the phrase means a 'serious' break of the agreement.