breach of contract

breach of contract
breach of contract: breach (1b)

Merriam-Webster’s Dictionary of Law. . 1996.

breach of contract
Damages may be awarded if a court decides that a defendant has either been negligent or broken a contract and foreseeable damage or loss results. The measure of damages in negligence is to compensate the plaintiff for foreseeable losses or damage. For breach of contract, he would normally be restored to the position he would have been in had the contract been properly fulfilled.

Easyform Glossary of Law Terms. — UK law terms.


breach of contract
n.
Failure to perform acts promised in a contract.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


breach of contract
in the law of contract a breach of contract occurs when at least one party does not perform his obligations under the contract. A statement or a clear intention that there will be no performance is often known as repudiation. Breach results in an award of

Collins dictionary of law. . 2001.


breach of contract
A legal claim that one party failed to perform as required under a valid agreement (written or oral) with the other party. For example you might say, "The roofer breached our contract by using substandard supplies when he repaired my roof."
Category: Business, LLCs & Corporations
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


breach of contract
n. A violation of a contract by either failing to perform one's own contractual obligations or by interfering with another party's performance of their obligations.
=>> breach.
@ anticipatory breach
A party's positive and unequivocal action or statement, before the time his contractual obligation is due, indicating that he does not intend or will not be able to perform when the time to do so arrives. In most states, the nonbreaching party may choose to treat the repudiation as an immediate breach of the contract and sue for damages without waiting for the time the breaching party's performance is actually due. The nonbreaching party can also urge the repudiating party to perform when performance is due, without giving up the right to sue. If the repudiating party withdraws his repudiation before there has been a material change in the nonbreaching party's position, the breach will be nullified. Also called anticipatory repudiation or constructive breach.
=>> breach.
@ constructive breach
A party's positive and unequivocal action or statement, before the time his contractual obligation is due, indicating that he does not intend or will not be able to perform when the time to do so arrives. In most states, the nonbreaching party may choose to treat the repudiation as an immediate breach of the contract and sue for damages without waiting for the time the breaching party's performance is actually due. The nonbreaching party can also urge the repudiating party to perform when performance is due, without giving up the right to sue. If the repudiating party withdraws his repudiation before there has been a material change in the nonbreaching party's position, the breach will be nullified. Also called anticipatory repudiation or anticipatory breach.
=>> breach.
@ immaterial breach
A breach of a contract that does not substantially affect the value of the contract for the nonbreaching party. Thus, while the nonbreaching party has the right to sue for damages, he is not excused from the further performance of his own obligations under the contract. For example, if a person purchases a car with a radio, but the vehicle does not have one when it is delivered, the nonbreaching party can sue for the cost of the radio and its installation, but he is also obligated to pay for the automobile. Also called partial breach.
=>> breach.
@ material breach
A breach of a contract that destroys the value of the contract for the nonbreaching party, excusing her from the further performance of her own obligations under the contract and giving her the right to sue for damages. Also called total breach.
=>> breach.
@ partial breach
A breach of a contract that does not substantially affect the value of the contract for the nonbreaching party. Thus, while the nonbreaching party has the right to sue for damages, he is not excused from the further performance of his own obligations under the contract. For example, if a person purchases a car with a radio, but the vehicle does not have one when it is delivered, the nonbreaching party can sue for the cost of the radio and its installation, but he is also obligated to pay for the automobile. Also called immaterial breach.
=>> breach, breach of contract.
@ total breach
A breach of a contract that destroys the value of the contract for the nonbreaching party, excusing her from the further performance of her own obligations under the contract and giving her the right to sue for damages. Also called material breach.
=>> breach.
@

Webster's New World Law Dictionary. . 2000.

breach of contract
n.
   failing to perform any term of a contract, written or oral, without a legitimate legal excuse. This may include not completing a job, not paying in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not providing a bond when required, being late without excuse, or any act which shows the party will not complete the work ("anticipatory breach"). Breach of contract is one of the most common causes of law suits for damages and/or court-ordered "specific performance" of the contract.

Law dictionary. . 2013.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • breach of contract — ˌbreach of ˈcontract noun breaches of contract PLURALFORM [countable, uncountable] LAW when someone fails to do something that they have agreed to do in a contract: • Watson had to pay more than £55 million in damages for breach of contract. •… …   Financial and business terms

  • Breach of contract — Contract law Part …   Wikipedia

  • breach of contract — A failure by a party to a contract to perform obligations under that contract or an indication of an intention not to do so. An indication that a contract will be breached in the future is called repudiation or an anticipatory breach; it may be… …   Accounting dictionary

  • breach of contract — A failure by a party to a contract to perform the obligations in that contract or an indication of an intention not to do so. An indication that a contract will be breached in the future is called repudiation or an anticipatory breach; it may be… …   Big dictionary of business and management

  • breach of contract — noun a breach of a legal duty; failure to do something that is required in a contract • Hypernyms: ↑breach • Hyponyms: ↑anticipatory breach, ↑constructive breach, ↑breach of the covenant of warranty, ↑breach of promise, ↑ …   Useful english dictionary

  • Breach Of Contract — Violation of any of the agreed upon terms and conditions of a binding contract. This breach could be anything from a late payment to a more serious violation, such as failure to deliver a promised asset. A contract is binding and will hold weight …   Investment dictionary

  • breach of contract — /ˌbri:tʃ əv kɒntrækt/ noun the failure to do something which has been agreed in a contract ♦ the company is in breach of contract the company has failed to do what was agreed in the contract …   Dictionary of banking and finance

  • breach of contract —    The failure to perform any term of a contract, written or oral, without a legitimate legal excuse. A breach (literally, a break ) may include not completing a job, not paying in full or on time, not delivering goods (or substituting inferior… …   Business law dictionary

  • breach of contract — A failure without legal excuse to perform any promise which forms a whole or a part of a contract, including the refusal of a party to recognize the existence of the contract or the doing of something inconsistent with its existence. National… …   Ballentine's law dictionary

  • breach of contract — unexcused failure to fulfill one s duties under a contract. [1825 35] * * * …   Universalium

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”