Definition for Breach of Contract Provisions
A breach of contract occurs when one party to a legally binding agreement fails to fulfill their obligations under the contract, without a lawful excuse. This breach can be in the form of non-performance, partial performance, or performance that is substantially different from what was agreed upon.
Inclusive Elements
- Existence of a valid contract
- Obligations specified within the contract
- Failure to perform as per the contract terms
- Lack of lawful excuse for non-performance
Exclusive Elements
- Actions outside the scope of the contract
- Performance issues covered by a separate agreement
- Disputes not related to the contractual obligations
Exceptions and Qualifications
- Force majeure clauses that excuse performance due to extraordinary events
- Impossibility of performance where fulfillment becomes objectively impossible
- Mutual agreement to terminate or modify the contract
Other Terms related to Breach of Contract Provisions
n. when a party to a contract repudiates (reneges on) his/her obligations under that contract before fully performing those obligations.
n. the correction or change of an existing document by court order upon petition of one of the parties to the document. Reformation will be ordered if there is proof that the parties did not intend the language as written or there was an omission due to mistake or misunderstanding.
n. the right of a party to a contract to demand that the defendant (the party who it is claimed breached the contract) be ordered in the judgment to perform the contract.
n. the cancellation of a contract by mutual agreement of the parties.
