Legal definition of breach
Contract Drafting, Review & Negotiation Legal Terminology

breach

1
In contract law a failure to perform in accordance with the terms of the agreement;

The following circumstances are significant in determining whether a failure to render or to offer performance is material:

(a) the extent to which the injured party will be deprived of the benefit which he reasonably expected;
(b) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived;
(c) the extent to which the party failing to perform or to offer to perform will suffer forfeiture;
(d) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances;
(e) the extent to which the behavior of the party failing to perform or to offer to perform comports with standards of good faith and fair dealing.

American Law Institute, Restatement (Second) of Contracts § 241 (1981)

A material breach is any failure to perform that permits the other party to the contract to either compel performance, or collect damages because of the breach.
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