Material Breach

The promisor is guilty of material breach of contract if his or her performance fails to reach the degree of perfection the other party is justified in expecting under the circumstances. Such a promisor has no right of action under the contract and is liable to the other party for damages resulting from the breach. If the promisor’s defective performance conveyed some benefits to the party that cannot be returned, the promisor may, under a quasi contract theory, be able to recover the reasonable value of benefits conferred from the other party.

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