Legal Question in Business Law in Texas
Material Breach
If a contract stipulates that thirty days written notice by one party to the other when changing terms of payment, but the party fails to send written notice and changes the terms of payments in spite of the contract clause, does this constitute material breach?
For example, Company A pays Company $210 for each pathology read of a specific type as agreed upon in the contract. Company A is supposed to inform Company B in writing with a 30 day notice that it wants to reduce payment to $75. Company A blows off the written notice and begins to pay $75. Does this constitute material breach?
Asked on 10/21/05, 10:59 am
1 Answer from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: Material Breach
Changing the terms of payment and payments, without proper notice, is a material breach.
Answered on 10/21/05, 11:33 am
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