Law of Contract: Breach
Introduction
Under a breach of contract is usually understood such state of affairs between the contracting parties when one of them without lawful excuse fails or refuses to perform his contractual obligations. A breach is also deemed to be committed when performance rendered by a party to contract is defective, or a party disables himself from performing.
If a party either renounce the contract or incapacitate himself before the date when performance is due, it is said that he commits an anticipatory breach of contract.
It is not always easy to establish breach of contract. Sometimes there are reciprocal claims that another party committed a breach and in some cases the existence of breach itself is a matter of dispute. Moreover, not every failure to perform amounts to a breach of contract.
Liability for breach of contract is generally strict, but it may also be is based on some misconduct or fault, such as fraud, want of due care or lack of due diligence.
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