Partial breach describes a situation where a party fails to perform some, but not all, of its contractual obligations, or performs them defectively, without fully repudiating the contract. It is a descriptive expression used in contract law across England and Wales, Scotland, Northern Ireland and Ireland, rather than a term usually defined in legislation.In practice, a partial breach often involves breach of an intermediate or “innominate” term, or a minor breach of a non-essential obligation. The contract generally remains in force, and the innocent party is usually confined to a claim in damages, rather than a right to terminate, unless the breach is sufficiently serious in its consequences to justify treating it as repudiatory.Courts assess whether a breach is partial or repudiatory by examining the nature of the term broken and the impact on the contract as a whole. In all four jurisdictions, common law and case law guide this assessment. The concept is important in advising on available remedies, risk allocation, drafting termination clauses, and deciding whether continuing performance might amount to affirmation of the contract.