Breach

Abstract

The rules concerning breach are fundamental but complex. This is a topic which requires careful analysis because one party’s assertion that his conduct was a legitimate response to the other’s default might in fact misfire if the tribunal concludes that there was no default, or at least an insufficiently serious default. English law classifies obligations as (i) terms which invariably permit termination if breached (conditions); or (ii) terms which potentially, but not necessarily, allow termination if breached (intermediate terms); or (iii) minor terms breach of which does not justify termination, and which instead merely give rise to the liability to pay damages (warranties). There are also subtleties concerning anticipatory breach, renunciation, repudiation, and the process of bringing the contract to an end by virtue of breach.