| Commentary

23.4 Breach of contract

| Commentary

23.4 Breach of contract

A breach is the breaking of an obligation or term which a contract imposes. It is possible to consider the word ‘breach’ as being a technical, legal term, not used in everyday speech. A few contracts use the more modern word ‘break’, as in:

‘if X breaks this contract, Y may terminate it’

but this is still not common practice.

Technically there is, or some lawyers consider there is, a difference between breach of a contract’s terms and failure to perform those terms. For this reason, some precedents for termination clauses refer both to breach and

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