BREACH OF CONTRACT

                                                                                 BREACH OF CONTRACT

Breach of Contract can be described as a violation of the terms and conditions which were agreed by the contracting parties at the formation of the contract. In other words, when a party to the contract does not fulfill the obligations completely or partly set upon him by the contract, this no adherence to the terms and conditions of the contract is called the Breach of Contract. The breach can be anything from no or non-payment of rent to the landlord to a failure in delivering a promised asset. In some cases of breach of contract, the contract itself states the process in which it is to be dealt with. Or in a contract, other methods of resolution can also be provided such as new contract, adjudication, mediation, and alternative dispute resolution, etc.

Since the contract is legally binding on the parties and it can be enforced in the court of law, if there occurs a breach the aggrieved party may take this to court and can ask for remedy, since his right has been violated. It is kind of imperative to prove that the breach has happened to successfully claim a remedy for the breach of contract.

Key Points:-

  • When a party to the contract fails to perform the obligations set upon him by the terms and conditions of the contract, there happens a breach of contract.

  • Since the contract is of two types— oral and written, a breach can happen in both types of contracts.

  • And when a breach has occurred, the involved parties may resolve the conflict among themselves through arbitration, mediation or they can approach the court of law.

  • If a breach occurred then the aggrieved party can claim compensation or damage.

TYPES OF BREACH OF CONTRACT

In contractual wording, when it comes to breach of contract the terms have no fixed meaning in law. These terms are interpreted in every contract when they are used, so it varies from case to case. Generally, the Breach of Contract can be majorly classified into 4 types and those are as follows:-
  1. Minor breach: Minor breach is also known as a partial breach. When a party to the contract fails to perform a term of the contract or a particular obligation set upon him, but this breach is very insignificant and so unimportant that the remainder of the contract can even be completed to its fullest terms. This insignificant breach is called a minor breach. This minor breach does not affect the overall motive of the contract. Even if this breach is very minor the aggrieved party can still drag the non-performing party to the court of law and can ask him for the damages suffered.

  2. Material breach: Material breach happens when a party fails to perform a term of the contract that allows the aggrieved party to enforce the contract against him and ask him for damages suffered due to the breach that has happened. A material breach is more serious in nature than a minor breach, as this violation of the contract, it prevents the parties to be able and to carry out the contract at all.

  3. Fundamental breach: Fundamental breach is committed when one of the parties to the contract does not fulfill his part of obligation and fails to complete a contractual term which was very essential to the agreement that provides another party with no opportunity to complete his part of the obligations in the contract. Since the contractual term that was not fulfilled was so essential to the contract, it provides the aggrieved party with a right to terminate the contract entirely. A fundamental breach happens when a party against whom the breach has committed, this party has the right to sue the party who has breached for damages incurred, and also he can terminate the contract if he wants to do so.

  4. Anticipatory breach: Anticipatory breach is also known as anticipatory repudiation. The anticipatory breach is a type of breach of contract where an actual breach has not occurred yet, the non-performing party is yet to breach the contract. In the anticipatory breach, one of the party’s breaches by clearly stating that he will not be able to perform the terms of the contract or impliedly indicating that he will be not fulfilling his obligations under the contract.

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