Dictionary of Law
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breach :: legal definition


Breach - 1) n. literally, a break. A breach may be a failure to perform a contract (breaking its terms), failure to do one's duty (breach of duty, or breach of trust), causing a disturbance, threatening, or other violent acts which break public tranquility (breach of peace), illegally entering property (breach of close), not telling the truth-knowingly or innocently-about title to property (breach of warranty), or, in past times, refusal to honor a promise to marry (breach of promise). 2) v. the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other.

See also: breach of contract breach of promise breach of the peace breach of trust breach of warranty and Related Law Terms ↓


Related Law Terms

accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach).
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
breach of the peace :: n. any act which disturbs the public or even one p ... g inappropriately. See also: breach
breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
co-trustee :: n. a trustee of a trust when there is more than on ... act alone. See also: trust trustee
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale
forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items.
performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
repudiation :: n. denial of the existence of a contract and/or re ... also: anticipatory breach contract
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s.
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - B

Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor
back-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing.
bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed.
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor
bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment
bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit.
balance due :: n. the amount of a debt still owed on an account o ... cipal due without further interest.
balance sheet :: n. the statement of the assets and the liabilities ... ctivity and health of the business.
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property.
bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys.