breach of contract


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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. (See: breach, anticipatory breach, specific performance)

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 damages or specific performance (in England) or specific implement (in Scotland). See also ANTICIPATORY BREACH, REMOTENESS OF DAMAGE.
References in periodicals archive ?
"Defendant argues that a plaintiff seeking to recover for breach of contract must allege that 'he himself adequately performed under the contract.' Debnam v.
Helgeson: Plaintiff alleges breach of contract. Suit seeks $10,164.
The federal judiciary has noticed this novelty of Florida contract law: In a national breach of contract class action, Mazzei v.
"Having initially agreed to commute three hours to Wichita for work during a 90-day transition period, our client only declared a breach of contract after it became clear that St.
Tormar Associates was sued for breach of contract and the bank claimed that the family office, based in Stamford, owes it USD25.2m.
The EAT agreed with the conclusion that the employee was not too ill to resign at the time of the alleged fundamental breach of contract.
Damages resultant from a breach of contract will not generally be allowed unless some sort of loss has been incurred by the innocent party.
Mr Smith brought breach of contract proceedings, and on Friday Mr Justice Briggs ruled in his favour at London's High Court.
On appeal, the 6th Circuit agreed with Budget's argument that Salling voluntarily paid the fee, whether or not there was breach of contract. The court quoted Nationwide Life Ins.
So, if the insured builds a retaining wall for a customer and offers a warranty that the wall will stand for years, only to see the wall fall after a month, does the insured have coverage under his CGL form if the claimant files a lawsuit based on breach of contract? The answer is "yes" and "no."
AAn employee who resigns from their employment and claims constructive dismissal needs to establish two things: * That the employer has breached the contract of employment * That this breach of contract is not minor but a fundamental breach QHow do employment tribunals decide on whether a breach of contract is fundamental or not?
"The Spanish Football Federation has been informed of the complaint lodged by the English club and been asked to remind itsmember club, RealMadrid, about the potential legal consequences of a breach of contract without just cause during the protected period and of a possible inducement to such a breach of contract, as established by the FIF Aregulations on the status and transfer of players."