Contract Questions and Answers

This is not a substitute for legal advice. An attorney must be consulted.

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What is breach or default?

A breach is a failure or omission of performing something which ought to be done usually as specified by contract. It is usually an omission or failure to perform a legal or contractual duty. Oftentimes it is the failure to observe a promise or to discharge an obligation such as to pay interest or principal on a debt when due.

A breach of contract is the failure to perform a promise without a legal excuse. It is the unequivocal, distinct and absolute refusal to perform an agreement. It is in sum and substance a failure to perform an obligation.