Legal Definitions - breach

In legal terms, a breach refers to the failure to fulfill a duty, an obligation, or a promise. It signifies a violation of a rule, a law, or a commitment that was previously established, often resulting in legal consequences for the party at fault.

Here are some examples to illustrate the concept of a breach:

• Example 1: Contractual Breach

  Imagine a software development company that signs an agreement to deliver a custom application to a client by a specific date, with certain agreed-upon features. If the company fails to deliver the software on time, or if the delivered software lacks critical features specified in the contract, they have committed a breach of contract. They failed to uphold their promise and fulfill the terms outlined in the agreement.

• Example 2: Breach of Law or Regulation

  Consider a manufacturing plant that is legally required to install specific air filtration systems to limit pollutant emissions. If the plant operates without these required systems, or if the systems are installed but not properly maintained, leading to excessive pollution, the plant is in breach of environmental regulations. They have violated a legal rule designed to protect public health and the environment.

• Example 3: Breach of Duty

  Suppose a security guard is hired to patrol a commercial building and is contractually obligated to check all entry points every hour. If the guard neglects their duties, fails to perform the hourly checks, and as a result, a break-in occurs, they have committed a breach of duty. Their failure to perform their assigned obligation directly contributed to the negative outcome, potentially making them or their employer liable.