Preview

Breach of Contract

Better Essays
Open Document
Open Document
1529 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Breach of Contract
A type of contract, a legally binding agreement between two parties to do a certain thing, in which one side has all the bargaining power and uses it to write the contract primarily to his or her advantage[1].
Breach of Contract

Common Breaches of Contract

When any contract is made an agreement is formed between parties to carry out a service and payment for that service. If one of the parties fails to carry out their side of the agreement then the party can be said to be in breach of contract. Breach of contract can also occur if work carried out is defective or if one party makes the other aware that they will not be carrying out the agreed work.

Breaches of contract can also include non payment for a service or not paying on time, failure to deliver services or goods, and being late with services without a reasonable excuse. Terms and conditions are a fundamental part of a legally binding contract and any broken terms can lead to breach of contract.

Types of Breach of Contract

The main types of breach of contract will be minor, material, fundamental, and anticipatory. Minor breaches can be, for example, a builder who substitutes his own type of materials for specified materials. The substituted materials may work just as well as the specified but it can still be seen as a minor breach of contract.

Related on Contracts And Agreements...

• Do You Have to Know About a Breach to Be Liable? • Mediation and Arbitration • Remedies for Breach of Contract • Breach of Contract Against Employer : A Case Study • Contracts and Risk • Jurisdiction in Contracts
[pic][pic]A material breach can be a breach that has serious consequences on the outcome of the contract. A fundamental breach would be one so serious that the contract has to be terminated. An anticipatory breach is one where one of the parties makes it known that they will not be carrying out agreed work, and the consequences can be termination of the contract and

You May Also Find These Documents Helpful

  • Good Essays

    A valid contract is “breached,” or broken, when one of the parties fails to fulfill the terms of the contract. The party harmed by the failure of the other party to comply with the contract may sue for breach of contract. Most states require that the injured party file a breach of contract lawsuit within a specified period of time, referred to as the statute of limitations. A sample court filing related to a breach of contract can be seen in Example A.…

    • 549 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Hsc300 Unit 4

    • 480 Words
    • 2 Pages

    potential loss of creditability in the marketplace and loss of new/return business for the party who breached the contract. Eg, a company selling goods and services, a damaged reputation could result in the loss of new and existing customer contracts. Eg. a breach of a loan contract, the potential loss of credit rating affecting future credit potential and business opportunities.…

    • 480 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Unit 14 P6

    • 132 Words
    • 1 Page

    All consequences of the breach of the condition are deemed to be sufficiently serious to justify termination. The buyer cannot terminate the contract if the non-conformity is a minor defect and slight breach. Slight breach is treated as a breach of warranty in the business sales contract. Slight breach is the breach when the conse-quences of breach do not go to the root of the contract or detriment the purpose of the contract. If the buyer accepts the goods there is no right of termination because termi-nation remedy required…

    • 132 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The Greenbik Case

    • 675 Words
    • 3 Pages

    Common remedies for breach of contravention includes but is not limited to pecuniary penalties , damages and divesture . In some circumstances, non-punitive orders may be imposed.…

    • 675 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Lwc1 Study Plan

    • 8919 Words
    • 36 Pages

    1. What conditions would constitute a discharge of a contract? An unjustifiable failure to perform all or some part of a contractual duty without a valid excuse…

    • 8919 Words
    • 36 Pages
    Good Essays
  • Better Essays

    Business Law

    • 2364 Words
    • 10 Pages

    In most cases, a breach of contract takes place in circumstances whereby one party does not perform exactly and precisely his or her contract obligations. These cases have been recorded mostly in the real estate industry. This is because the majority of sellers normally wish to vacate the house they are selling hastily. The Washington Mutual Bank victimized its borrowers through overcharging for insurance mortgage substitution.…

    • 2364 Words
    • 10 Pages
    Better Essays
  • Good Essays

    Fundamental Breach • When one party breaches, the other party may avoid the contract or make a demand for specific performance. • A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as to substantially deprive him or her of what he or she is entitled to expect under the contract. • The injured party may use the remedy of avoidance by notifying the other party and returning any goods already received. Pop quiz 1.…

    • 1790 Words
    • 11 Pages
    Good Essays
  • Satisfactory Essays

    Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.…

    • 435 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Food Mart

    • 1515 Words
    • 7 Pages

    Both the business environment and the private sector use contracts as a means for agreement regarding transactions. For any contract to be legally binding four requirements must be met: 1) agreement, 2) consideration, 3) contractual capacity, and 4) lawful object (Cheeseman, 2010, p. 162). After the four requirements are met, it is the responsibility of each party involved to complete their respective obligations. Unfortunately, not all contracts will see completion. Events that arise in the course of the completion of the contract can cause breaches. Other times, one party in the contract fails in his or her obligation because of negligence. When contractual obligations cannot be fulfilled the injured party has certain rights to recover damages or force performance. In this paper the subject to address are situations that have arisen in various contractual scenarios. Based upon the contents of the contracts and causes of the contractual breaches, each scenario will address possible defenses and determine which party will win the suit along with potential remedies.…

    • 1515 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Little Legal Analysis

    • 372 Words
    • 2 Pages

    Conditions, Mogul broken the contract and deprived Horatio of substantial benefit, so it’s treated as a condition.…

    • 372 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Home quiz

    • 405 Words
    • 4 Pages

    7. In contract law, when a contract is breached, the non-breaching party has an obligation to not aggravate the harm caused by the breach. This is called __________.…

    • 405 Words
    • 4 Pages
    Good Essays
  • Better Essays

    If someone is accused of breach of contract, there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing, or if the contract was made with someone of diminished capacity or for illegal purposes, a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake, duress or undue influence, unconscionability, misrepresentation or fraud, impossibility or impracticability, and frustration of purpose.…

    • 1725 Words
    • 7 Pages
    Better Essays
  • Good Essays

    A contract contains basic elements that gives the parties involved the confidence that exchanges will be enforced. These basic elements are an agreement, consideration, and legal capacity to contract, lawful subject matter, and genuine consent to the contract. Courts will not recognize contracts that violate the law. Business contracts play a vital role and can be damaging to a business if it is not properly written. Risks and opportunities for legal pitfalls become evident when new…

    • 2094 Words
    • 9 Pages
    Good Essays
  • Better Essays

    A breach of contract occurs when a party’s duty to perform under a contract is absolute, and that party fails to perform. The duty can be absolute because it was not conditional in the first place; any conditions were either excused or fulfilled; or the duty was not discharged.…

    • 955 Words
    • 3 Pages
    Better Essays
  • Good Essays

    Mba Question & Answer

    • 4291 Words
    • 18 Pages

    contract is a legally binding agreement relationship that exist between two or more parties to do obstain from perfoming certain acts. An agreement is form of ceios reference between different parties, which may be written, oral and lies upon the no of the parties for its fulfillment rather the being in anyway enforceable. It follows, therefore, that the loss of profit here cannot reasonnily be considered such a consequence of the breach of contract as could have been family and reasonably contemplated by both the parties when they made this contract.…

    • 4291 Words
    • 18 Pages
    Good Essays