Legal Definitions - immediate breach

An immediate breach occurs when a party to a contract fails to perform an obligation precisely at the time performance is due. Unlike an anticipatory breach, which happens before the performance date, an immediate breach takes place right when the contractual duty should have been fulfilled.

Here are some examples to illustrate an immediate breach:

• Example 1: Construction Delay

  A homeowner hires a contractor to remodel their kitchen, with a contractual completion date of October 1st. On October 1st, the kitchen is still unfinished, with significant work remaining. The contractor's failure to complete the project by the agreed-upon deadline constitutes an immediate breach of the contract, as the performance was due on that specific date and was not met.

• Example 2: Unpaid Invoice

  A marketing agency provides services to a client, and their contract stipulates that payment for the services is due on November 15th. On November 15th, the client fails to transfer the agreed-upon payment to the agency. This failure to pay on the exact due date represents an immediate breach of the payment terms of their service agreement.

• Example 3: Non-Delivery of Goods

  A bakery orders a specific type of flour from a supplier, with a guaranteed delivery date of Monday morning to ensure they can bake for the week. Monday morning arrives, and the flour shipment is nowhere to be found, nor has the supplier provided any explanation or alternative. The supplier's failure to deliver the goods at the agreed-upon time is an immediate breach of their supply contract.