Breach

Breach in United States

Contents:

Breach Definition

In Contracts. The violation of an obligation, engagement, or duty. Breach may be either by renunciation, that is, by the declaration of the party that he does not intend to perform (32 Iowa, 409; 61 N. Y. 362; 52 Wis. 240), by such acts as will render performance impossible (82 N. Y. 108; 22 Fed. 522; 16 Mass. 161), or by actually failing to perform any or all the terms of the contract; the two first mentioned being constructive breaches, and the last, actual breach. A continuing breach is one where the condition of things constituting a breach continues during a period of time, or where the acts constituting a breach are repeated at brief intervals. P. Moore, 242; 1 Leon. 62; 1 Salk. 141; Holt, 178; 2 Ld. Raym. 1125. In Pleading. That part of the declaration in which the violation of the defendant’s contract is stated.

Breach in Foreign Legal Encyclopedias

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Breach Breach in the World Legal Encyclopedia.
Breach Breach in the European Legal Encyclopedia.
Breach Breach in the Asian Legal Encyclopedia.
Breach Breach in the UK Legal Encyclopedia.
Breach Breach in the Australian Legal Encyclopedia.

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Browse the American Encyclopedia of Law for Breach

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Breach Breach in the Family Law Portal of the American Encyclopedia of Law.
Breach Breach in the IP Portal of the American Encyclopedia of Law.
Breach Breach in the Commercial Law Portal of the American Encyclopedia of Law.
Breach Breach in the Criminal Law Portal of the American Encyclopedia of Law.
Breach Breach in the Antritrust Portal of the American Encyclopedia of Law.
Breach Breach in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Breach Breach in the Constitutional Law Portal of the American Encyclopedia of Law.
Breach Breach in the Tax Law Portal of the American Encyclopedia of Law.
Breach Breach in the and Finance and Banking Portal of the American Encyclopedia of Law.
Breach Breach in the Employment and Labor Portal of the American Encyclopedia of Law.
Breach Breach in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Breach Breach in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

In Contracts. The violation of an obligation, engagement, or duty. Breach may be either by renunciation, that is, by the declaration of the party that he does not intend to perform (32 Iowa, 409; 61 N. Y. 362; 52 Wis. 240), by such acts as will render performance impossible (82 N. Y. 108; 22 Fed. 522; 16 Mass. 161), or by actually failing to perform any or all the terms of the contract; the two first mentioned being constructive breaches, and the last, actual breach. A continuing breach is one where the condition of things constituting a breach continues during a period of time, or where the acts constituting a breach are repeated at brief intervals. P. Moore, 242; 1 Leon. 62; 1 Salk. 141; Holt, 178; 2 Ld. Raym. 1125. In Pleading. That part of the declaration in which the violation of the defendant’s contract is stated.

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Notice

This definition of Breach is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

Breach of Contract

The failure or refusal by one of the parties to a contract (in U.S. law) to perform some act the contract calls for. A contract may also be breached by making performance impossible, as when a person contracts to sell a car and wrecks it before delivery; or by “anticipatory” breach, as the unqualified announcement by a seller, before delivery date, that the seller will not deliver the goods. Breach of a contract by one party may discharge the other from performance. Or the injured party may sue for damages representing the loss directly incurred from the breach. Damages cannot be obtained for speculative or possible losses that cannot be shown to have resulted directly from the breach.

Breach of the Covenant of Warranty

A term used in the law of real property (in U.S. law). It refers to a failure of the seller’s warranty of good title. The breach occurs when the buyer is evicted by a person claiming superior title to the property.

Breach of Duty

The failure (or omission) to do something a person is bound to do by law or to do it in an unlawful manner. For example, one has a “duty” to keep one’s car under control and a “duty” to watch for other traffic.

Breach of the Peace

. Conduct by acts or words that disturbs the public tranquility and is likely to produce violence in others. An example of a breach of the peace is the conduct of a man who threatens another with violence, or who goes about in public with dangerous weapons in a threatening manner. One who commits a breach of the peace is also guilty of disorderly conduct (in U.S. law).

Breach of Promise

Failure to perform a promise, for example, “breach of promise to marry.”

Breach of Warranty

When a warranty (in U.S. law) made by a vendor proves to be false, the warranty is said to be breached. For the breach, the buyer has a choice of four remedies: (1) Accept or keep the goods and set up the breach to reduce the purchase price. (2) Keep the goods and recover damages for the breach of warranty. (3) Refuse to accept the goods if title has not passed and bring an action for damages for breach of warranty. (4) Rescind the contract (in U.S. law) , or if the goods have been delivered, return them and recover any part of the purchase price that has been paid. The buyer can claim only one of these remedies.

(Revised by Ann De Vries)

What is Breach?

For a meaning of it, read Breach in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Breach.

Meaning of Breach

In plain or simple terms, Breach means: Breaking a law, right, obligation, or duty, either by doing an act or failing to do an act.

Georgia Landlord and Tenant Breach and Remedies with Forms Database

This is a database related to interests in and transfers of real estate, in the following material: State Treatises, Forms, and Practice Guides. A description of this real estate database is provided below:

Full text of Georgia Landlord and Tenant–Breach and Remedies with Forms, which outlines a landlord's and a tenant's rights and remedies under Georgia law.

Further information on United States legal research databases, including real property databases, are provided following the former link.

Breach: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Breach. This part provides references, in relation to Breach, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Breach by content types:

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Federal Case Law and Court Materials

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Federal Administrative Materials and Resources

Presidential Materials

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Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Breach and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Breach or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Breach and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Breach. Finding these decisions can be challenging. In many cases, researchers about Breach should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Breach when formerly requested by a designated government officer):

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