Breach of Contract

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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

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