Actual breach

The failure to perform the terms of the contract.

This failure to perform the terms of the contract may also be called actual breach in the sense that one of the parties has clearly failed to comply with the requirements of the contract.

Breach of contract which is accompanied by a statement or clear indication that the contract will not be performed, is sometimes known as repudiation.

In the event that the courts find that there has been a breach, this may result in an award of damages or specific performance.

It can be seen, therefore, that a failure to perform the terms of a contract constitutes a breach.

A party may show by express words or by implications from his conduct, at some time before performance is due, that he does not intend to observe his obligations under the contract. This is known as anticipatory breach.

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