In Miller v. Mills Construction (2003), Mills Construction had contracted with the City of Brookings, SD to construct buildings. Mills Construction subcontracted the erection of a steel clear span to Double Diamond Construction, which is owned by Wilma Miller. In the subcontract, Miller agreed to supply labor and equipment for the project and Mills agreed to supply materials, which they obtained from American Buildings Company (ABC). After beginning the project, Miller noticed issues with the materials provided and notified all parties involved. The issue with the materials was not corrected and the building collapsed, meaning Miller could not complete the project.
During the trial when she sued for damages, the lower court omitted the word “material” when they advised Mills had breached the contract. A material breach means there was a substantial breach of a term of the contract that excuses the other party from completing their end of the deal. The appellate court ruled that even though the trial court left out …show more content…
The deal was for Manning’s personal jersey and signature, not just any jersey so this would be a material breach. A non-material breach in this situation would be if Zach agreed to purchase a replica Manning jersey but received a replica Von Miller jersey instead. Both jerseys are fake and hold no extra value or sentiment so this would be a non-material breach. Another example would be if Jeff took his car for an oil change and the mechanic agreed to use a high-grade oil, but then used a low-grade oil which resulted in engine problems for Jeff. Had Jeff and the mechanic agreed to use Valvoline oil but then used Motorcraft of the same grade, this would not constitute a material breach as the oil change was successfully completed with no issues, only a different brand was
During the trial when she sued for damages, the lower court omitted the word “material” when they advised Mills had breached the contract. A material breach means there was a substantial breach of a term of the contract that excuses the other party from completing their end of the deal. The appellate court ruled that even though the trial court left out …show more content…
The deal was for Manning’s personal jersey and signature, not just any jersey so this would be a material breach. A non-material breach in this situation would be if Zach agreed to purchase a replica Manning jersey but received a replica Von Miller jersey instead. Both jerseys are fake and hold no extra value or sentiment so this would be a non-material breach. Another example would be if Jeff took his car for an oil change and the mechanic agreed to use a high-grade oil, but then used a low-grade oil which resulted in engine problems for Jeff. Had Jeff and the mechanic agreed to use Valvoline oil but then used Motorcraft of the same grade, this would not constitute a material breach as the oil change was successfully completed with no issues, only a different brand was