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What is the definition of a contract breach?

Anyone involved in business will likely run into or hear about a situation in which a breach of contract was involved. While it may seem straightforward, a true breach of contract is actually somewhat complex. This is due to the fact that a contract breach must meet a number of different requirements in order to be considered legitimate.

A breach of contract by strictest definition means that some part of a contract has been broken. It could also mean that some or multiple parts of the contract have not had all of their requirements fulfilled.  A breach could even be viable if the terms of the contract were met, but were not met to a satisfactory standard. The Judicial Education Center states that a breach can be claimed if there is no feasible legal excuse for the contract to be broken or left unfulfilled.

Other aspects are also taken into consideration when a potential breach of contract is being looked into. This is due to the fact that breaches of contract can cost one or all of the involved parties a lot of time or money, so it is necessary to ensure that the full story is known. For example, before a case is judged, the exact terms of the contract in question has to be laid out before the judge. This includes modifications, extra additions, or things that were done after the initial contract was sealed. If only one party is bringing forth the breach, then it is also up to the judge to determine if the breach that they are claiming actually happened.

The many different factors that go into examining a breach of contract can seem somewhat tedious. However, the scrutiny that these cases are looked at will usually result in a more solid case with less room for mistakes, which benefits all parties.

 

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