Commercial disputes often combine complex breach of contract claims with tortious allegations of breach of fiduciary duty among partners, corporate officers, or joint venturers. Understanding the substantive differences between contractual obligations and fiduciary standards dictates litigation strategy and available damage remedies.
1. Material vs. Minor Breach of Contract
Under the Restatement (Second) of Contracts § 241, whether a contractual failure is material depends on whether the non-breaching party is deprived of the substantial benefit reasonably expected under the agreement.
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Published by Expert Law Forum Editorial Staff
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