After Completion- Buyers Solicitor: If the contract makes time of the essence, what breach occurs when the buyer fails to complete on the agreed date?

• A. Minor breach
• B. Fundamental breach
• C. Material breach
• D. Technical breach

Answer: (B)

Time is of the essence makes the completion date a strict condition. When a buyer fails to complete on that exact date, the breach hits the heart of the contract because the timing was essential to the deal. That elevates the breach to a fundamental one, allowing the seller to treat the contract as repudiated and to terminate while seeking damages (and potentially keeping any deposit). It isn’t just a minor error or a mere technical slip, and it isn’t a different category that would only trigger damages without termination. The key is that the exact timing was critical, so failure on that date goes to the contract’s core purpose.