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

breach of contract

1
Breach of contract includes a party's failure to perform an obligation in a timely manner, repudiation of a contract, or exceeding a contractual use restriction. A breach of contract, whether or not material, entitles the aggrieved party to its remedies.

A minor breach and a material breach are distinguished.

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.

Anticipatory breach is an unequivocal indication that the party will not perform when performance is due, or a situation in which future non-performance is inevitable. An anticipatory breach gives the non-breaching party the option to treat such a breach as immediate, and, if repudiatory, to terminate the contract and sue for damages (without waiting for the breach to actually take place).
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