Also known as:breaches · breached · breaching · violation of duty · contract violation
Written by attorneys · grounded in primary & secondary sources — see below
A violation or infraction of a law or obligation. The violation occurs when a party fails to perform a required duty or interferes with another's performance of an obligation.
Sources & Authorities
How it applies
Common Examples
6
Deed Acceptance Bars Contract Claim
Brooke Bryant accepted the deed to the house from Brighton Manufacturing at closing. After moving in she discovered unrepaired defects that the purchase contract had required the seller to fix. Because the contract merged into the deed, Brooke cannot sue for breach of those repair promises.
Officer Reports Suspected Violation
Bernard Bass, an officer at Barclay Financial, learned that an employee had diverted corporate funds. He failed to notify his superior or the board. The omission constitutes a breach of his duty to report material violations of law or duty to the corporation.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Brandon Black contracted to supply components over two years to Blue Horizon Industries. After six months he stopped all deliveries. The non-performance substantially impaired the contract's value to Blue Horizon, giving rise to a claim for total breach.
Failure to Pay Rent Breaches Lease
Belinda Baxter leased retail space from Beacon Bank. She missed the rent payment due on the first of the month. The non-payment constitutes a breach of her obligation to pay rent reserved in the lease.
Flag Burning Statute Struck Down
Byron Bishop burned a flag during a political protest. Local officials threatened enforcement via breach-of-the-peace laws. Because the statute targeted expressive conduct and no imminent breach of the peace was shown, the prohibition was held unconstitutional.
Buyer Recovers Cover Damages
Bethany Boyd contracted to buy goods from Brighton Manufacturing. When the seller failed to deliver, Bethany purchased substitute goods at a higher price. She may recover the difference between the cover price and the contract price as damages for the seller's breach.
Common questions
Frequently Asked
5
When does a breach by non-performance give rise to a claim for total breach?+
A breach by non-performance gives rise to a claim for total breach only if it substantially impairs the value of the contract to the injured party at the time of the breach so that it is just to allow recovery based on all remaining rights to performance.
Does failure to pay rent constitute a breach of the tenant's obligations?+
Yes. Except to the extent the tenant is legally excused, failure to pay the rent reserved in the lease on or before the due date is a breach of the tenant's obligation.
What remedies follow when a buyer covers after a seller's breach?+
The buyer may recover the difference between the cost of cover and the contract price together with incidental or consequential damages, less expenses saved because of the breach.
How does merger affect a buyer's ability to sue for breach after closing?+
When the buyer accepts the deed, the contract merges into the deed. Contractual promises not embodied in the deed are typically discharged, limiting the buyer's ability to sue for breach of those terms.
What duty does an officer owe upon learning of a material breach of duty to the corporation?+
The officer must inform a superior officer, the board, or a board committee of any actual or probable material breach of duty to the corporation that the officer believes has occurred or is likely to occur.
376 U.S. 254 (1964)Remedies
…labels" of state law. N. A. A. C. P. v. Button, 371 U. S. 415, 429. Like insurrection, contempt, advocacy of unlawful acts, breach of the peace, obscenity, solicitation of legal business, and the various other formulae for the repression of expression that have been challenged in this court, libel can claim no…