J. David Pugh, Ian P. Faria and Amandeep S. Kahlon | Buildsmart In most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior material breach” is typically defined as conduct that deprives the injured party of the benefit that it… Continue reading Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material Breach