breach

The breaking or violating of a law, right, obligation, engagement, or duty, either by commission or omission. Exists where one party to contract fails to carry out term, promise, or condition of the contract

Rights and remedies.

Parts 6 and 7 of U.C.C. Article 2 cover rights and remedies of both buyer and seller on breach of contract by either.

See also damages

- performance (specific performance).

Tort action.

A tort action may exist for bad faith breach of contract as based on breach of the implied covenant of good faith and fair dealing. Such actions commonly involve insurance contracts??????

@ breach of close

The unlawful or unwarrantable entry on another person's soil, land, or close

@ breach of contract

Failure, without legal excuse, to perform any promise which forms the whole or part of a contract. Prevention or hindrance by party to contract of any occurrence or performance requisite under the contract for the creation or continuance of a right in favor of the other party or the discharge of a duty by him. Unequivocal, distinct and absolute refusal to perform agreement.

@ anticipatory breach

See anticipatory breach of contract

@ constructive breach

Such breach takes place when the party bound to perform disables himself from performance by some act, or declares, before the time comes, that he will not perform. The Adamello, D.C.Va., 19 F.2d 388, 389.

See also anticipatory breach of contract.

@ continuing breach

Such breach occurs where the state of affairs, or the specific act, constituting the breach, endures for a considerable period of time, or is repeated at short intervals.

@ efficient breach

Modern contract theory which holds that it may be economically efficient to breach a contract and pay damages. Seibel v. Liberty Homes, Inc., 305 Or. 362, 752 P.2d 291, 294.

Occurs when the breaching party will still profit after compensating the other party for its "expectation interest." Thyssen, Inc. v. S.S. Fortune Star, C.A.N.Y., 777 F.2d 57, 63.

See also Patton v. Mid-Continent Systems, Inc., C.A.I11., 841 F.2d 742, 750.

This theory is not well accepted.

@ material breach

Violation of contract which is substantial and significant and which usually excuses the aggrieved party from further performance under the contract and affords a right to sue for damages.

See breach of contract

@ partial breach

A violation of a contract as to one part only or to a less significant degree than a material breach and which gives the aggrieved party a right to damages but generally does not excuse his performance.

@ breach of covenant

The nonperformance of any covenant agreed to be performed, or the doing of any act covenanted not to be done

@ breach of duty

In a general sense, any violation or omission of a legal or moral duty. More particularly, the neglect or failure to fulfill in a just and proper manner the duties of an office or fiduciary employment. Every violation by a trustee of a duty which equity lays upon him, whether willful and fraudulent, or done through negligence or arising through mere oversight or forgetfulness, is a breach of duty.

See non-support

@ breach of pound

The breaking any pound or place where cattle or goods distrained are deposited, in order to take them back. 3 Bl.Comm. 146

@ breach of prison

Unauthorized departure of a prisoner from legal custody accomplished by the use of force. U. S. ex rel. Manzella v. Zimmerman, D.C.Pa., 71 F.Supp. 534.

See escape

@ breach of privilege

An act or default in violation of the privilege of either house of parliament, of congress, or of a state legislature

@ breach of promise

Violation of a promise; used e.g. as an elliptical expression for "breach of promise of marriage."

@ breach of the peace

A violation or disturbance of the public tranquillity and order. State v. Boles, 5 Conn. Cir. 22, 240 A.2d 920, 927.

The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. Breach of the peace is a generic term, and includes all violations of public peace or order and acts tending to a disturbance thereof. State v. Poinsett, 250 S.C. 293, 157 S.E.2d 570, 571, 572.

One who commits a breach of the peace is guilty of disorderly conduct, but not all disorderly conduct is necessarily a "breach of the peace." City of Seattle v. Franklin, 191 Wash. 297, 70 P.2d 1049, 1051.

Term signifies disorderly, dangerous conduct disruptive of public peace. Great Atlantic & Pac. Tea Co. v. Paul, 256 Md. 643, 261 A.2d 731, 739.

See also peace

- peace bond

@ breach of trust

Any act done by a trustee contrary to the terms of his trust, or in excess of his authority and to the detriment of the trust; or the wrongful omission by a trustee of any act required of him by the terms of the trust.

Also the wrongful misappropriation by a trustee of any fund or property which had been lawfully committed to him in a fiduciary character. Every violation by a trustee of a duty which equity lays upon him, whether willful and fraudulent, or done through negligence, or arising through mere oversight and forgetfulness, is a "breach of trust."

The term, therefore, includes every omission and commission in carrying out the trust according to its terms, of care and diligence in protecting and investing the trust property, and of using perfect good faith. A violation by the trustee of any duty which he owes to the beneficiary. Bruun v. Hanson, C.C.A.Idaho, 103 F.2d 685, 699

- breach of trust with fraudulent intent

@ breach of trust with fraudulent intent

Larceny after trust. State v. Owings, 205 S.C. 314, 31 S.E.2d 906, 907

@ breach of warranty

In real property law and the law of insurance, the failure or falsehood of an affirmative promise or statement, or the nonperformance of an executory stipulation. As used in the law of sales, breach of warranty, unlike fraud, does not involve guilty knowledge, and rests on contract.

Under Uniform Commercial Code consists of a violation of either an express or implied warranty relating to title, quality, content or condition of goods sold for which an action in contract will lie. U.C.C. No. 2-312 et seq.

See warranty

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