DefineLaw

What is a breach of contract?

A breach is a failure to perform a duty required by a contract.

Why it matters

A breach is what lets the non-breaching party claim damages or other remedies.

Common confusion

Not every minor slip is a material breach that ends the contract.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

What can I do if someone breaches?

Sue for damages, or in some cases ask the court to order performance.

Is a late payment a breach?

Often yes, though a trivial delay may not be material.

Does the contract have to be in writing?

Not always, but some types must be under the statute of frauds.

Related contract terms