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breach /'brēch/ n1 a: a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justificationbreach 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 positionbreach 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 repudiationan·tic·i·pa·to·ry breach: a breach of contract that occurs as a result of a party's anticipatory repudiation of the contractef·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 contractma·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 performanceto·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 damages2 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 procedure — In re D.L.B., 429 N.E.2d 615 (1981)a breach of security; esp: breach of the peaceb: an act of breaking outbreach of prison3: the condition of having committed a breach of contract— used in the phrase in breacha terminating party who is not in breach is entitled to expenses — C&S/Sovran Corp. v. First Fed. Sav. Bank of Brunswick, 463 S.E.2d 892 (1995)breach vbbreach·er n
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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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. William C. Burton. 2006
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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.
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v.To break a promise; to fail to perform a duty or observe an agreement.n.breach
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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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 & CorporationsCategory: Criminal LawCategory: Representing Yourself in CourtCategory: Small Claims Court & LawsuitsCategory: Small Claims CourtCategory: Working With a Lawyer
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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n. A violation of a law, obligation, or promise.@ breach of the closeThe common law trespass of entering another's land either unlawfully or without authorization.@ breach of duty1 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 dutyThe failure of a fiduciary to fulfill his duties with a high standard of care.=>> breach.@ breach of the peaceThe 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 promiseA common law action for breaking off a marriage engagement. Abolished in many states.@ breach of trustThe breach by a trustee of the terms of a trust or of her general fiduciary duties.=>> breach.@ breach of warrantyA 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. Susan Ellis Wild. 2000.
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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.
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breach of contract - An unjustified failure to perform when performance is due.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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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.See also: breach of contract, breach of promise, breach of the peace, breach of trust, breach of warranty
Law dictionary. EdwART. 2013.
