Breach refers to the violation or failure to fulfil a legal obligation or agreement. It can occur in various contexts, including contracts, laws, regulations, or duties owed to others. A breach may involve actions, omissions, or violations of specific terms or conditions outlined in a contract or agreement. When a breach occurs, the non-breaching party may seek remedies such as damages, specific performance, or cancellation of the contract. Breaches can range from minor infractions to significant breaches of trust or legal obligations, depending on the circumstances and the severity of the consequences.
- n. literally, a break. A breach may be a failure to perform a contract (breaking its terms), failure to do one’s duty (breach of duty, or breach of trust), causing a disturbance, threatening, or other violent acts which break public tranquillity (breach of peace), illegally entering property (breach of close), not telling the truth-knowingly or innocently-about title to property (breach of warranty), or, in past times, refusal to honor a promise to marry (breach of promise).
- v. the act of failing to perform one’s agreement, breaking one’s word, or otherwise actively violating one’s duty to other.
A breach refers to a violation or failure to fulfil a legal obligation or duty. It can occur in various contexts, such as contracts, leases, employment agreements, or other legal relationships. When a breach occurs, the party that has been harmed by the breach may seek legal remedies, such as damages or specific performance, to compensate for the harm caused. The specific consequences and remedies available will depend on the nature of the breach and the applicable laws governing the particular situation.
A breach of contract occurs when one party fails to fulfil their obligations as outlined in a legally binding agreement.
There are two main types of breaches: material breach and minor breach. A material breach is a significant violation that goes to the core of the contract, while a minor breach is a less significant violation that does not affect the overall purpose of the contract.
The remedies for a breach of contract may include monetary damages, specific performance (forcing the breaching party to fulfil their obligations), or cancellation of the contract.
Yes, certain circumstances may excuse a breach of contract. These include impossibility of performance, frustration of purpose, or mutual agreement to modify or terminate the contract.
Yes, parties involved in a breach of contract dispute can attempt to resolve the issue through negotiation or mediation before resorting to litigation. This can save time and costs associated with a court case.
Anticipatory breach occurs when one party clearly indicates that they will not fulfil their contractual obligations before the performance is due. The non-breaching party can then treat the contract as terminated and seek remedies.
In some cases, a breach of contract can lead to criminal charges if the breach involves fraudulent or illegal activities. However, most breaches are handled through civil litigation.
Yes, there is a statute of limitations that sets a time limit for filing a lawsuit for breach of contract. The time limit varies depending on the jurisdiction and the type of contract involved.
Yes, the non-breaching party can choose to waive or forgive the breach of contract. This typically requires a clear and voluntary intention to release the breaching party from their obligations.
While it is not always possible to prevent a breach of contract, parties can take preventive measures such as drafting clear and detailed contracts, conducting due diligence on the other party, and including dispute resolution clauses to minimize the risk of breaches.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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