breach /'brēch/ n
1 a: a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification
breach of duty: a breach of a duty esp. by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position
breach of trust: a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds)
breach of warranty: a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title)
◇ A seller may be liable for a breach of warranty even without any negligence or misconduct.
b: failure without excuse or justification to fulfill one's obligations under a contract – called also breach of contract; compare repudiation
an·tic·i·pa·to·ry breach: a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract
ef·fi·cient breach: breach of contract in economic theory in which it is more profitable for the breaching party to breach the contract and pay damages than to perform under the contract
ma·te·ri·al breach: a breach of contract that is so substantial that it defeats the purpose of the parties in making the contract and gives the nonbreaching party the right to cancel the contract and sue for damages compare substantial performance at performance
◇ Whether a breach is material is a question of fact. Under the Restatement (Second) of Contracts, a material breach gives rise to the right to suspend performance but not to cancel the contract until there is a total breach.
par·tial breach: a breach of contract in which the breaching party's nonperformance is minor and gives rise to the right to sue for damages but not to suspend performance or cancel the contract compare part performance at performance
to·tal breach: a breach of contract under the Restatement (Second) of Contracts that is so substantial that it gives rise to the right to cancel the contract and sue for damages
2 a: a violation or disturbance of something (as a law or condition)
find both the State and the minor guilty of gross breach es of the rules of procedureIn re D.L.B., 429 N.E.2d 615 (1981)
a breach of security; esp: breach of the peace
b: an act of breaking out
breach of prison
3: the condition of having committed a breach of contract
— used in the phrase in breach
a terminating party who is not in breach is entitled to expensesC&S/Sovran Corp. v. First Fed. Sav. Bank of Brunswick, 463 S.E.2d 892 (1995)
breach vb
breach·er n

Merriam-Webster’s Dictionary of Law. . 1996.

I noun break, contravention, default, delinquency, dereliction, discutere, disobedience, disregard, dissension, dissentience, encroachment, enmity, failure, illegal evasion, illicitness, impropriety, infidelity, infraction, infringement, inobservance, neglection, nonadherence, noncompletion, nonconformity, nonfulfilment, nonobservance, nonperformance, omission, perfidy, perfringere, rejection, repudiation, retraction, shortcoming, tergiversation, transgression, trespass, unconformity, undueness, unduteousness, undutifulness, unfaithfulness, unobservance, violation, violation of law associated concepts: anticipatory breach, breach of bond, breach of contract, breach of covenant, breach of duty, breach of faith, breach of lease, breach of marriage promise, breach of promise, breach of the close, breach of the covenant of warranty, breach of the peace, breach of trust, breach of warranty, constructive breach, continuing breach, material breach, partial breach, total breach II index alienation (estrangement), argument (contention), break (violate), conflict, default, delinquency (failure of duty), dereliction, difference, disassociation, disloyalty, embroilment, encroach, encroachment, estrangement, feud, flaw, force (break), incursion, infraction, infringe, infringement, invasion, irregularity, neglect, offense, omission, outbreak, repudiation, rift (gap), schism, separation, split, transgression, trespass, variance (disagreement), violation

Burton's Legal Thesaurus. . 2006

Failure to observe or comply with covenants or obligations imposed on a person under a contract, lease or similar document or by statute. There is a distinction between minor breaches where the appropriate remedy is damages and a fundamental breach or repudiation that can cause termination of the contract.

Easyform Glossary of Law Terms. — UK law terms.

To break a promise; to fail to perform a duty or observe an agreement.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

A failure or violation of a legal obligation — for example, a failure to perform a contract (breaching its terms), failure to do one's duty (breach of duty, or breach of trust), causing a disturbance, threatening, or other violent acts which break public tranquility (breach of peace), or illegally entering property (breach of close).
Category: Business, LLCs & Corporations
Category: Criminal Law
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits
Category: Small Claims Court
Category: Working With a Lawyer

Nolo’s Plain-English Law Dictionary. . 2009.

n. A violation of a law, obligation, or promise.
@ breach of the close
The common law trespass of entering another's land either unlawfully or without authorization.
@ breach of duty
1 The failure to perform a legal or moral obligation owed to a person or to the public.
2 The failure to act as required by the law.
3 The failure to exercise the care that a reasonable person would exercise in the same or similar situation.
@ breach of fiduciary duty
The failure of a fiduciary to fulfill his duties with a high standard of care.
=>> breach.
@ breach of the peace
The criminal offense of provoking violence, creating a public disturbance, or engaging in public conduct that offends public morals or undermines public safety.
See also bond.
=>> breach.
@ breach of promise
A common law action for breaking off a marriage engagement. Abolished in many states.
@ breach of trust
The breach by a trustee of the terms of a trust or of her general fiduciary duties.
=>> breach.
@ breach of warranty
A violation of an express or implied agreement or warranty relating to the title, quality, content, or condition of goods sold or of goods delivered to a bailee.
=>> breach.

Webster's New World Law Dictionary. . 2000.

The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract. ══════════════════ breach of contract - An unjustified failure to perform when performance is due.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

   1) n. literally, a break. A breach may be a failure to perform a contract (breaking its terms), failure to do one's duty (breach of duty, or breach of trust), causing a disturbance, threatening, or other violent acts which break public tranquility (breach of peace), illegally entering property (breach of close), not telling the truth-knowingly or innocently-about title to property (breach of warranty), or, in past times, refusal to honor a promise to marry (breach of promise).
   2) v. the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other.

Law dictionary. . 2013.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • breach — n 1 Breach, infraction, violation, transgression, trespass, infringement, contravention are comparable when denoting the act or the offense of one who fails to keep the law or to do what the law, one s duty, or an obligation requires. Breach… …   New Dictionary of Synonyms

  • Breach — (br[=e]ch), n. [OE. breke, breche, AS. brice, gebrice, gebrece (in comp.), fr. brecan to break; akin to Dan. br[ae]k, MHG. breche, gap, breach. See {Break}, and cf. {Brake} (the instrument), {Brack} a break] . 1. The act of breaking, in a… …   The Collaborative International Dictionary of English

  • Breach — may refer to:People: * Nicholas Breach, a photographerPlaces: * Breach, Kent, United KingdomIn law:* Breach of confidence, a common law tort that protects private information that is conveyed in confidence * Breach of contract, a situation in… …   Wikipedia

  • (Breach) — Студийный альбом The Wallflowers …   Википедия

  • breach — ► VERB 1) make a gap or hole in; break through. 2) break (a rule or agreement). ► NOUN 1) a gap made in a wall or barrier. 2) an act of breaking a rule or agreement. 3) a break in relations. ● …   English terms dictionary

  • Breach — Breach, v. t. [imp. & p. p. {Breached}; p. pr. & vb. n. {Breaching}.] To make a breach or opening in; as, to breach the walls of a city. [1913 Webster] …   The Collaborative International Dictionary of English

  • breach — breach, breech The spelling of these two words is often confused. Breach is a noun and verb meaning ‘a break’ or ‘to break’ (as in a breach of contract, to breach the enemy s defences), whereas breech means ‘the back or lower part of something’,… …   Modern English usage

  • breach — [n1] gap aperture, break, chasm, chip, cleft, crack, discontinuity, fissure, hole, opening, rent, rift, rupture, slit, split; concept 513 Ant. bridge, connection breach [n2] violation of a law contravention, delinquency, dereliction, disobedience …   New thesaurus

  • Breach — Breach, v. i. To break the water, as by leaping out; said of a whale. [1913 Webster] …   The Collaborative International Dictionary of English

  • breach — breach·er; breach; …   English syllables

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