The term “breach of contract” is not entirely uncommon and many people may have heard of it before. However, familiarity does not mean that everyone understands its definition. Despite how straightforward the term may seem, there are actually several requirements that are necessary in order for something to be deemed a viable breach of contract.
According to the Judicial Education Center, a breach of contract means that any part of a contract has been broken, or any terms of the contract have not been fulfilled. If there is no legal excuse for the aforementioned things to have happened, then any party that was part of the contract can claim a breach. At this point, the argument is usually taken to court in order to settle it properly. However, a breach can also be called even if the terms of the contract were met. If the terms were not up to industry standard or a warranty, then it is considered a breach.
But it is not quite that simple to determine whether or not a contract has been breached. There are numerous other aspects of a situation that must be taken into consideration before a decision is made. For example, it must be determined what the contract’s exact terms were. Any modifications must also be disclosed. If the breach is being claimed by only one party, it must be determined if that breach really occurred. Any potential damages that the breach has caused must be taken into account. Additionally, it must be determined if there was legal enforcement defense for the breaching party.
With so many different aspects to look at, determining a breach in contract is not quite as easy as calling foul on someone. However, by looking into potential breaches carefully, a strong conclusion can be made.