Agreements only matter if they are kept. A breach of contract occurs when a party fails to perform a duty required by a valid contract without a legal excuse.
Breaches range from minor deviations to material failures that defeat the contract’s purpose. Material breaches can excuse the other party’s remaining performance and support claims for damages or cancellation. Anticipatory breach occurs when one side clearly indicates, before performance is due, that they will not perform.
Remedies include compensatory damages, sometimes specific performance, and in limited cases consequential damages that were foreseeable. Parties often negotiate cure periods or liquidated-damages clauses in advance. Clear drafting of obligations and deadlines reduces later fights over whether a breach occurred.
- Failure to perform a contractual duty
- May be material or minor
- Supports damages and other remedies
- Can be actual or anticipatory
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