Breach of contract

A party’s failure, without legal excuse, to perform an obligation required by a contract. It can arise from nonperformance, defective performance, or repudiation before performance is due.

Material breach: A serious failure to perform that substantially defeats the contract’s purpose. Its severity can justify ending further performance and seeking broader remedies.
Expectation damages: Money intended to place an injured party in the position it would have occupied had the contract been performed. This is the usual measure for losses caused by breach.
Contract: A legally enforceable agreement that creates obligations between parties. Breach is a failure to meet an obligation created by this agreement.
Breach of warranty: A failure of a contractual assurance about a product, service, or other subject matter. It is a specific kind of contractual failure, often governed by specialized rules.
Anticipatory repudiation: A clear, premature indication that a party will not perform a contractual obligation when due. It can make a breach actionable before the promised performance date.
Specific performance: A court order requiring a party to perform a contractual obligation. Courts may order performance when money cannot adequately replace the promised subject.
Contract formation: The legal process by which an agreement becomes an enforceable contract. Without an enforceable agreement, nonperformance generally is not contractual breach.
Fraudulent misrepresentation: A knowingly or recklessly false statement of fact that induces another party to act and causes loss. It concerns deceptive statements, which may support claims distinct from breach.
Substantial performance: A doctrine treating nearly complete performance as sufficient for recovery, subject to damages for defects. It distinguishes minor defects from failures serious enough to defeat performance.
Rescission: A remedy that cancels a contract and aims to restore the parties to their pre-contract positions. Serious breach can sometimes support ending the agreement and unwinding exchanges.

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