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Breach of Contract

A contract occurs when an offer is made, accepted and something of value is exchanged. Normally, a written contract contains terms or clauses, some which are material (important) to the object of the contract and others are non-material (minor, of little importance) to the object of the contract.

When an element that is considered material to a contract is not performed at all, or not performed adequately, the wronged party may seek a remedy of damages and, in special circumstances, request that the court order the actual or specific performance of the contract. Specific performance would mean that the court could issue an order compelling the defendant to perform their part of the contract as they had initially agreed.