"Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance."
The failure of one party to fulfill their obligations under the contract.
Elements of a contract: This topic covers the basic components that make a contract valid, including offer, acceptance, consideration, and intention to create legal relations.
Types of contracts: Different types of contracts, such as unilateral and bilateral contracts and express and implied contracts, are discussed in this topic.
Formation of a contract: This topic covers how a contract is formed, including the role of offer and acceptance and the legal significance of consideration.
Capacity to contract: This topic covers the legal requirements for parties to enter into a valid contract, including their mental capacity and legal authority.
Termination of a contract: This topic covers the ways in which a contract can be terminated, including by performance or breach.
Breach of contract: This is a crucial topic that covers the different types of breach of contract, from material breach to anticipatory breach.
Remedies for breach of contract: This topic covers the various remedies that are available to parties in the event of a breach of contract, such as damages and specific performance.
Interpretation of a contract: This topic covers how contracts are interpreted, including the role of the parole evidence rule and the concept of contra profferentem.
Doctrine of frustration: This topic covers the concept of frustration, which allows a party to terminate a contract if its performance becomes impossible or drastically more difficult.
Undue influence and unconscionable contracts: This topic covers the circumstances in which a contract may be deemed unconscionable or one party may have exercised undue influence over the other.
Material breach: This is the most serious type of breach of contract, where one party fails to fulfill a term that was foundational to the contract. The non-breaching party is typically permitted to terminate the contract and may seek damages.
Minor breach: Also known as a partial breach, a minor breach refers to a situation where one party fails to meet a term of the contract but the breach is not deemed significant enough to warrant termination.
Anticipatory breach: This type of breach occurs when one party announces, before the deadline for performance has arrived, that it will not fulfill its obligations under the contract.
Fundamental breach: This breach occurs when one party fails to fulfill a term that was fundamental to the contract, and which went to the heart of the agreement.
Actual breach: This is a breach that has actually occurred, where one party has failed to perform the duties or services as agreed to in the contract.
Constructive breach: A constructive breach occurs when one party makes it impossible for the other party to fulfill its obligations under the contract.
Implied breach: This type of breach occurs when one party breaches the contract impliedly, by doing something that is not explicitly covered in the contract but which is in violation of the contract's terms.
Repudiatory breach: This type of breach, also known as a major breach, is where one party breaches the contract so severely that the other party is entitled to terminate the contract and/or seek damages.
Substantial breach: This breach occurs when a party fails to meet its obligations as outlined in the contract, where the breach is significant enough to give rise to a claim for damages.
Time breach: When one party fails to meet a certain time-sensitive obligation under the contract, this type of breach is called a time breach.
Non-performance breach: This is a situation where one party fails to adhere to the performance requirements of the contract, either in part or in full.
Over-performance breach: This occurs when one party provides more than what was agreed upon in the contract, which can create unintended consequences for the other party.
Non-payment breach: This type of breach occurs when one party fails to pay the amount agreed upon in the contract for services rendered.
Non-delivery breach: When one party fails to deliver the goods or services as agreed, it is known as a non-delivery breach.
Non-conformance breach: A non-conformance breach occurs when the goods or services delivered fail to meet the specified quality standards outlined in the contract.
"Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract."
"Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract."
"If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time."
"Each country has its own independent, freestanding law of contract."
"It makes sense to examine the laws of the country to which the contract is governed before deciding how the law of contract (of that country) applies to any particular contractual relationship."
"Non-performance or interference with the other party's performance can lead to breach of contract."
"Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly."
"...or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract."
"The party breaching the contract has to pay the resulting damages to the aggrieved party."
"Parties are legally allowed to undo the work unless doing so would directly charge the other party."
"The resulting damages have to be paid to the aggrieved party by the party breaching the contract."
"Contract law is not the same from country to country."
"Each country has its own independent, freestanding law of contract."
"Breach of contract is a legal cause of action and a type of civil wrong."
"Breach occurs when a party to a contract fails to fulfill its obligation(s) or interferes with the other party's performance."
"Examine the laws of the country to which the contract is governed before deciding how the law of contract (of that country) applies to any particular contractual relationship."
"The resulting damages have to be paid to the aggrieved party."
"...or otherwise appears not to be able to perform its obligation under the contract."
"The party breaching the contract has to pay the resulting damages to the aggrieved party."