breach of contract

Thân thiện

A company faces a lawsuit for a breach of contract.

Definition

Noun: A failure to perform any term of a contract, written or oral, without a legitimate legal excuse. This includes not fulfilling a promise, not completing a job, or providing goods or services that are substandard or late, thereby violating the agreed-upon terms.

Usage

This term is used in legal and business contexts to describe a situation where one party to a contract does not meet their contractual obligations. It is the foundation for a legal claim (a lawsuit) for remedies, which are typically monetary damages.

Examples

• The supplier's failure to deliver the materials by the agreed date was a clear breach of contract.
• The company sued for breach of contract after the software developer abandoned the project midway.
• Terminating his employment without the notice period specified in his agreement constituted a breach of contract.

Advanced Usage

• Material Breach: A serious failure that goes to the heart of the contract, depriving the other party of the key benefit they expected. This typically allows the injured party to terminate the contract and sue for damages.
  • Example: Delivering a completely different product than the one specified is a material breach of contract.
• Anticipatory Breach: When one party clearly indicates, before the performance is due, that they will not fulfill their contractual duties.
  • Example: The builder informed the homeowner he would not finish the renovation, which was an anticipatory breach of contract.

Variants and Related Words

• Breach (n/v): More general term for breaking a law, rule, or duty. "Breach of contract" is a specific type of breach.
• Contractual Breach (n): A formal synonym for "breach of contract."
• Non-performance (n): A failure to perform an obligation, often used interchangeably in contract law.

Synonyms

• Contract violation
• Failure to perform
• Non-compliance (with the contract)

Antonyms

• Performance of contract
• Fulfillment of contract
• Compliance (with the contract)

Related Legal Phrases

• Remedy for breach: The solution available to the injured party, usually monetary damages.
• Liquidated damages: A specific sum of money agreed upon in the contract as compensation for a breach.
• Fundamental breach: Similar to "material breach," a breach so severe it undermines the entire contract.

Học thuật

Noun

1. a breach of a legal duty; failure to do something that is required in a contract