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.
Find a legal term by clicking on the first letter of a legal word or phrase:
Book of the Day in our Store
Share it on TwitterFacebook
The Lawyer's Business & Marketing Planning ToolkitThe Lawyer's Business & Marketing Planning Toolkit
by Duncan Hart
View
Creating A.C.E - Author. Celebrity. Expert. Write Your Own BookCreating A.C.E - Author. Celebrity. Expert. Write Your Own Book
by Richard James
View
Robert A GallagherAttorney at LawPRACTICE AREA: Personal Injury, Professional Malpractice, Labor & Employment Law, Insurance Litigation, Litigation, Workers Compensation
Alan D KalinoskiAttorney at LawPRACTICE AREA: Labor & Employment Law, Workers Compensation
Kent E MummaAttorney at LawPRACTICE AREA: Elder Law, Labor & Employment Law, Workers Compensation
NFL.comSkinny: Allen was a starter from Day One for the Colts, and he earned a second contract with his drafting team, signing a four-year deal last year. He's done a good chunk of his damage in the red zone, as 15 percent of his catches are for touchdowns. more »
Bourbon Street ShotsJM: Very low. The Pelicans don't have many assets, and the assets they have would be better spent upgrading the roster with established NBA players who can contribute right away, instead of a project and young guy with potential. I will add that a ... more »
Eureka Times StandardPetroske said HSU will be drafting a new contract with the University Center, but he said it's not clear whether those scholarships will be retained. Petroske said the privately owned University Center oversees HSU's Food and Dining services. He said ... more »
It's a free online legal dictionary search engine for definitions of legal terminology and legal words, legal abbreviations, and legal jargon you may meet when reading legal acts, law books, documents, legal forms and other legal content