What Do I Have to Prove to Win a Breach of Contract Case in Washington State?

1. Defendant entered into a contract with Plaintiff;
2. one or more terms of the contract were breached by Defendant;
3. Plaintiff had performed their obligations under the contract; and
4. Plaintiff was damaged as a result of the breach.

The Difference Between a Material Breach and Non-Material Breach

The difference between a material and non-material breach of contract depends on the specific terms of the contract and the effect that the breach has on the other party's ability to receive the benefit of the contract.

A material breach of contract is a significant violation of the contract that goes to the heart of the agreement and affects the other party's rights or interests. This can include failure to perform a key obligation under the contract, or doing so in a way that is fundamentally different from what was agreed upon. A material breach of contract can give the non-breaching party the right to terminate the contract and sue for damages.

On the other hand, a non-material breach of contract is a minor violation of the contract that does not significantly affect the other party's rights or interests. This can include minor delays, minor defects in performance, or minor deviations from the terms of the contract. A non-material breach of contract does not generally give the non-breaching party the right to terminate the contract, but it may give them the right to sue for damages.

The determination of whether a breach is material or non-material is a fact-specific inquiry that will depend on the specific circumstances of the case and the terms of the contract.