Is a contract void when ANY part of it is not met?

Question

I am a contract employee and wondering if my employer broke terms in our contract, am i still held to the terms in this contract? Specifically, she does not pay me on the date stated in the contract, every month, i am paid the following day. I have never complained about this to her.

Answer 1

No, not usually.

If one party to the contract breaches it in part, then the question becomes whether or not there was the breach was "material" or not.

A material breach would be something like her not paying you at all, or your not doing the work you were supposed to do. A material breach 'usually' voids the contract, but the breaching party would have the right to repair the breach.

A breach like being a day late in payment would not void the contract, but it IS a breach, so if the late payment caused you direct financial damage, you could sue her for those damages.

Richard

Answer 2

While your employer is in breach of the contract, it is not a material breach, therefore the contract is not void. If she never paid you at all, it would be voidable by the court, but being paid one day late is not enough to nullify a contact.

Answer 3

So what's the problem exactly? If you're unhappy about being paid one day late, yet not unhappy enough to complain about it, then you really have no issue. If you want another job, put in your notice according to the terms of your contract and leave, or deal with it.

Answer 4

Since you have accepted this once, then it is a understood amendment to the contract. You would have had to complain immediately. It's one day- get over it. Likely your check gets processed the day before but is not delivered to you or does not hit your bank until the next day. If that 24 hours is just killing you, you have much bigger financial problems than this!