Breach of Contract in Edmonton, Alberta: A Comprehensive Overview

Contracts are the building blocks of legal relationships, found in various aspects of our lives, from business dealings to personal agreements. These legally binding documents ensure that parties involved in an agreement fulfill their respective obligations and enjoy the rights they are entitled to. Nevertheless, breaches of contract can happen, no matter the context. Below we will explore the concept of breach of contract in general, within the framework of contract law, and closely examine the different types of breaches, their consequences, and how to navigate through the complexities of contract disputes.

Types of Breaches

A breach of contract occurs when one or more parties involved in an agreement fail to fulfill their contractual obligations. These obligations can encompass a wide range of commitments, such as financial transactions, meeting deadlines, delivering goods, or any other terms agreed upon in the contract. The major types of breaches are:

  1. Material Breach: A material breach is the most significant and severe type of contract breach. In this case, one party fails to perform a fundamental aspect of the contract, which substantially deprives the other party of the benefits they were supposed to receive. Material breaches often lead to substantial damages and may provide grounds for terminating the contract.

For example, a supplier fails to deliver crucial raw materials to a manufacturing company as agreed in their business contract, causing significant production delays and financial losses. This delay is considered a material breach of the business contract, as it fundamentally disrupts the manufacturing company’s operations and may allow them to seek remedies, such as contract termination and compensation.

  1. Fundamental Breach: Fundamental breaches are closely related to material breaches. These breaches involve a failure to fulfill an essential or fundamental term of the contract, which can also lead to contract termination. The critical distinction between material and fundamental breaches lies in the severity of the breached term.

For example, in a contract for the sale of a car, if the seller delivers a different model than the one agreed upon, it may be considered a fundamental breach if the buyer cannot use the car for its intended purpose.

  1. Minor Breach: In contrast to material and fundamental breaches, minor breaches are less severe. They occur when a party fails to fulfill a less critical aspect of the contract, resulting in milder consequences. The innocent party may seek damages to compensate for the losses incurred due to the breach but does not typically have grounds to terminate the contract.

For example, in a gardening services contract, if the landscaper plants the flowers in a slightly different arrangement than specified, it may be considered a minor breach. The homeowner can seek compensation for the inconvenience but cannot cancel the entire contract.

  1. Anticipatory Breach: An anticipatory breach occurs when one party signals their intention not to fulfill their contractual obligations before the performance is due. This is often a clear indicator that the contract will be breached when the time comes for performance. In such cases, the innocent party may choose to terminate the contract and seek damages.


For example, if a music band informs an event organizer in advance that they will not perform at a scheduled concert, it could be considered an anticipatory breach, allowing the organizer to seek an alternative solution.

Identifying a Breach of Contract

Recognizing a breach of contract involves detecting clear deviations from the agreed terms. Signs of breach may include missed deadlines, failure to deliver goods or services as specified, incomplete performance, subpar quality, or non-payment. These observable indicators signal that one party has not fulfilled their obligations as outlined in the contract.
From a legal perspective, a breach of contract is determined based on specific criteria. It requires establishing the existence of a valid contract, demonstrating that one party failed to perform their contractual duties without a legally recognized excuse, and showing that the breach resulted in damages to the non-breaching party. Legal expertise is often needed to assess these elements and pursue appropriate remedies.

Consequences of Breaching a Contract

When a breach of contract occurs, the innocent party is left with several legal remedies, including:

  1. Damages: The most common remedy for a breach of contract is the payment of damages. The innocent party can seek compensation for any losses incurred due to the breach.
  2. Specific Performance: In some cases, a court may order the breaching party to fulfill their contractual obligations as originally agreed upon, especially when the subject matter of the contract is unique or rare.
  3. Termination of the Contract: In cases of material or fundamental breaches, the innocent party may have the right to terminate the contract, releasing them from further obligations under the agreement.
  4. Rescission: Rescission involves canceling the contract and returning the parties to their pre-contractual positions. This remedy is typically sought in cases of fraud, misrepresentation, or mutual mistake.

Prevention and Resolution

To minimize the risk of a breach of contract, it is crucial to draft contracts robustly, ensuring that all terms are clear and comprehensive. Parties should also consider including dispute resolution mechanisms, such as mediation or arbitration clauses, to address any potential conflicts that may arise during the contract’s execution.

In the event of a breach, the following steps can be taken to resolve the issue:

  1. Communication: Parties should open a line of communication to discuss the breach and explore the possibility of resolving the matter amicably.
  2. Legal Counsel: Consulting with legal professionals who specialize in contract law is advisable to understand the options and rights available and to navigate the legal process effectively.
  3. Alternative Dispute Resolution: Parties can resort to alternative dispute resolution methods like mediation or arbitration to reach a mutually agreeable resolution, avoiding the time and expense of a courtroom trial.


Breach of contract is a complex issue that can arise in various situations, not limited to business agreements. Understanding the different types of breaches and their consequences is vital for parties involved in contractual relationships. By taking proactive steps to prevent breaches, such as thorough contract drafting and by knowing how to respond effectively when a breach occurs, individuals and organizations can protect their rights and interests.

The dedicated team of experienced lawyers at Forum Law LLP specialize in a wide range of legal matters, including contract law. Our mission is to help you protect your rights and interests, whether you are facing a breach of contract, seeking to draft a robust agreement, or require legal counsel on any contractual matter. Contact us today for a personalized consultation.

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      with one of our lawyers
      Book A Consultation
      1 (780) 443-0250
      11835 – 149 St Edmonton, Alberta, T5L 2J1
      50+ Years of Experience