Material Breach - Law Dictionary Search Results
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breach
breach 1 a : a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification breach of duty : a breach of a duty esp. by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position breach of trust : a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds) breach of warranty : a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title) NOTE: A seller may be liable for a breach of warranty even without any negligence or misconduct. b : failure without excuse or justification to fulfill one's obligations under a contract called also breach of contract compare repudiation an·tic·i·pa·to·ry breach : a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract ef·fi·c...
Breach of confidence
Breach of confidence, is constituted by the unjustified disclosure or use, or by the unjustified putting at risk of such discloser or use, of the information imparted or, in the case of third parties, by the improper obtaining of confidential material or, if the material was initially obtained innocently, by the improper retention or use of the confidential material when the recipient knew or ought to have known that it was confidential. The discloser or use may be partial provided that it is significant and substantial, Halsbury's Laws of England, Vol. 8(1), 4th Edn., Para 480, p. 388....
performance
performance 1 : work done in employment [unsatisfactory ] 2 a : what is required to be performed in fulfillment of a contract, promise, or obligation [substituted a new in novation of the contract] b : the fulfillment of a contract, promise, or obligation part performance 1 : partial performance of a contract, promise, or obligation 2 : a doctrine which provides an exception to the Statute of Frauds requirement that a contract be in writing by treating partial performance and the acceptance of it by the other party as evidence of an enforceable contract compare partial breach at breach spe·cif·ic performance 1 : the complete or exact fulfillment of the terms of a contract, promise, or obligation 2 : an equitable remedy that requires a party to fulfill the exact terms of a contract, promise, obligation, or decree mandating a remedy and that is used when legal remedies (as damages) are inadequate [the common law prohibition against specific performance as a remedy for...
Breach of close
Breach of close, an unwarrantable entry on another's land; for every man's land is in the eye of the law enclosed and set apart from his neighbour's, and that either by a visible and material fence, as one field is divided from another by a hedge, or by an invisible boundary, existing only in the contemplation of law, as when one man's land adjoins to another's in the same field. Every such entry or breach of a man's close carries necessarily along with it some damage, 3 Bl. Com. 209.The unlawful or unauthorised entry on another person's land; a common law trespass; Black's Law Dictionary, 7th Edn....
Illegally and with material irregularity
Illegally and with material irregularity, the words 'illegally' and 'with material irregularity' as used in clause (c) s. 15 do not cover either errors of fact or of law they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this clause may, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with, D.L.F. Housing Co. (P) Ltd. v. Sarup Singh, AIR 1971 SC 2324 (2327): (1969) 3 SCC 807. [Civil PC (5 of 1908), s. 115]...
With material irregularity
With material irregularity, the words 'illegally' and 'with material irregularity' as used in this clause do not cover either errors of fact or of law, they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this clause may, in our view, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with, D.L.F. Housing & Construction Co. (P) Ltd. v. Sarup Singh, (1969) 3 SCC 807 (811). [Civil Procedure Code, 1908, s. 115]...
Breach of trust
Breach of trust, a violation of duty by a trustee, executor, or other person in a fiduciary position.In some cases a breach of trust may be a comparatively venial offence, arising from the trustee having honestly misconstrued the deed or will creating the trust either as to the persons entitled, or as to his powers of investment of or dealing with the trust property, or having otherwise erred in the discharge of his strict duty; in other cases he may have been guilty of negligence or carelessness involving at least some degree of moral blame; or, in other cases again, he may have committed some gross fraud. But in all these cases alike the trustee is personally responsible at the suit of the beneficiaries for any loss which may have resulted, and the rules of equity on the subject were extremely strict and were enforced with great severity by the Court of Chancery. In later times, however, the Court was not quite so astute in fixing honest trustees with liability for breach of trust as...
Abandonment
Abandonment [fr. Abandonner, Fr.], the relinquish-ment of an interest or claim.Means the relinquishing of a right or interest with the intention of never again claiming it. In the context of contracts of the sale of land, courts sometimes use the term abandonment as if it were synonymous with rescission, but the two should be distinguished. An abandonment is merely the acceptance by one party of the situation that a non-performing party has caused. But rescission due to a material breach by the other party is termination or discharge of the contract for all purposes., Black Law Dictionary, 7th Edn., p. 1.The relinquishment by an assured person to the assurers of his right to what saved out of a wreck, when the thing insured has, by some of the usual perils of the sea, become practically valueless. Upon abandonment, the assured is entitled to call upon the assurers to pay the full amount of the insurance, as in the case of a total loss. The loss is in such case called a 'constructive to...
Breach of warrantee
Breach of warrantee, means a breach by a seller of the terms of a warrantee (as by the failure of the goods to confirm to the seller's description or by a defect in title); A seller may be liable for a breach of warrantee even without any negligence or misconduct; failure without excuse or justification to fulfil one's obligations under a contract - called also breach of contract, Webster's Dictionary of Law, Indian Edn. (2005), p. 59.Means a breach of an express or implied warrantee relating to the title, quality, content, or condition of goods sold, Black Law Dictionary, 7th Edn., p. 183....
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