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By doing so, you are maximizing your rights and arguments with respect to your contract.

If you are dealing with a breach of contract or an anticipatory breach of contract, it is important to consult with legal counsel. “If the offer appears to be made in the good faith belief that the offeror’s interpretation is correct, that will be evidence of his continued adherence to the agreement.” Id. However, “ when there is a disagreement as to the meaning of terms in a contract, one party’s offer to perform in accordance with his interpretation is not itself an anticipatory breach, as “uch a … must be distinct, unequivocal, and absolute.” Id. “A material breach occurs where the covenant not performed is of such importance that the contract would not have been made without it.” Seawatch at Marathon Condo. Typically, whether a breach is material is a question of fact.

“ To constitute a vital or material breach, a party’s nonperformance must ‘go to the essence of the contract.’ A party’s ‘failure to perform some minor part of his contractual duty cannot be classified as a material or vital breach. This is important because you do not want to make strategic decisions on a breach that is not regarded a material breach. If it does not go to the essence of the contract, then how can it be a material breach? It cannot. That’s right – a breach can be a minor or technical breach that does not actually go to the essence of the contract. Not every breach of contract is a material breach.