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Breach of Contract

A failure of a party to a contract to perform his or her obligations as agreed to within the contract.

Contract law allows for judicial intervention in the event of a breach that is substantial, that goes to the root of the contract, also stated to be "fundamental", by relieving the non-breaching party of his or her obligations and exposing the breaching party to damages or, if appropriate, an order for performance of the breached contractual obligation.

The older version (now extinct) of breach of contract was known as assumpsit.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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