What is BREACH OF CONTRACT? Definition of BREACH OF CONTRACT in Black's Law Dictionary
Failure, without legal excuse, to perform any promise which forms the whole or part of a contract. Friedman v. Katzner, 139 Md. 195, 114 A. 884, 886. 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. Sharp v. Williams, 141 Fla. 1, 192 So. 476, 480. Unequivocal, distinct and absolute refusal to perform agreement. R. T. Clark & Co. v. Miller, 154 Miss. 233, 122 So. 475, 481. Violation of obligation. Russell v. Stephens, 191 Wash. 314, 71 P.2d 30, 31.
Anticipatory Breach
A breach committed before there is a present duty of performance, and is the outcome of words evincing intention to refuse performance in the future. King Features Syndicate v. Valley Broadcasting Co., D.C.Tex., 42 F.Supp. 107, 108.
Acquiescence by other party as necessary, Cerruti v. Burdick, 130 Conn. 284, 33 A.2d 333, 335. Clear and unequivocal, renunciation of contract and refusal to perform as essential, Kimel v. Missouri State Life Ins. Co., C.C.A. Kan., 71 F.2d 921, 923. Party to contract putting it out of his power to perform as breach, Assembly, Inc., v. Giller, 134 Misc. 657, 236 N.Y.S. 308, 313. Positive statement that promissor will not or cannot substantially perform contractual duties as breach, Hawkinson v. Johnston, C.C.A. Mo., 122 F.2d 724, 729, 730.
Bankruptcy as "anticipatory breach", In re Robertson, D.C.Ark., 41 F.Supp. 665, 668.
Doctrine is that party denying liability destroys contract so far as able. Pollack v. Pollack, Tex.Com.App., 46 S.W. 2d 292, 293.
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.
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. Jordan v. Madsen, 69 Utah, 112, 252 P. 570, 573; The Adamello, D.C.Va., 19 F.2d 388, 389.
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That's the definition of BREACH OF CONTRACT in Black's Law Dictionary - Courtesy of Cekhukum.com.
