Contract Law: Breach of primary vs secondary obligations

August 13, 2023

Primary obligations are the core promises that the parties agree to fulfil under the contract. These are the essential contractual terms that define the purpose and substance of the contract. When a primary obligation is breached, it is considered a material breach, and the innocent party is generally entitled to terminate the contract and seek remedies. Whereas secondary obligations are the ancillary obligations that facilitate the performance of the primary obligations. They are largely considered less central to the contract’s purpose but are still important for the successful performance of the contract. Breaching a secondary obligation does not necessarily make the contract void.

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