breach of contract

简明释义

违反契约

英英释义

A breach of contract occurs when one party fails to fulfill their obligations as specified in a legally binding agreement.

违约是指一方未能履行其在法律约束的协议中规定的义务。

例句

1.The breach of contract resulted in significant financial losses for the business.

这次违反合同给企业造成了重大经济损失。

2.The company faced a lawsuit due to a breach of contract.

该公司因违反合同而面临诉讼。

3.If you fail to deliver the goods on time, it will be considered a breach of contract.

如果你未能按时交货,这将被视为违反合同

4.The landlord sued the tenant for breach of contract after they stopped paying rent.

房东因租户停止支付租金而起诉其违反合同

5.He was liable for damages due to a breach of contract with his supplier.

由于与供应商的违反合同,他需承担赔偿责任。

作文

In the realm of business and law, the term breach of contract refers to the violation of any terms or conditions agreed upon in a legally binding agreement. This can occur when one party fails to fulfill their obligations as outlined in the contract, whether it be through non-performance, delayed performance, or inadequate performance. Understanding the implications of a breach of contract is crucial for both individuals and businesses, as it can lead to significant financial losses and legal disputes.Contracts are fundamental to many transactions in our daily lives, from simple agreements between friends to complex deals involving large corporations. When a contract is formed, both parties expect that the terms will be honored. However, when one party fails to meet their obligations, it not only disrupts the expected outcome but can also lead to a breakdown of trust between the parties involved.For example, consider a scenario where a contractor is hired to build a house. The contract specifies that the work should be completed within six months. If the contractor fails to finish the project on time without a valid reason, this would constitute a breach of contract. The homeowner may then seek damages for any additional costs incurred due to the delay, such as temporary housing or lost rental income.There are several types of breach of contract, including minor breaches, material breaches, and anticipatory breaches. A minor breach occurs when the non-breaching party receives the benefit of the bargain despite the breach. For instance, if a supplier delivers goods a day late, but the goods are still acceptable, this might be considered a minor breach. On the other hand, a material breach significantly undermines the contract's purpose, allowing the non-breaching party to terminate the contract and seek damages. An anticipatory breach happens when one party indicates, before the due date, that they will not fulfill their contractual obligations.When a breach of contract occurs, the non-breaching party has several options available to them. They can choose to pursue legal action, seeking remedies such as compensatory damages, which cover the actual loss incurred, or consequential damages, which account for losses that occurred as a result of the breach. Alternatively, the non-breaching party may opt for specific performance, which is a legal remedy requiring the breaching party to fulfill their obligations as originally agreed upon in the contract.It is essential to note that not all breaches result in legal consequences. In some cases, a party may be excused from performance due to unforeseen circumstances, known as force majeure events, which include natural disasters or other significant disruptions. In such situations, the affected party may not be held liable for a breach of contract.In conclusion, understanding the concept of breach of contract is vital for anyone engaged in contractual agreements. Whether you are a business owner, a contractor, or an individual entering into an agreement, being aware of your rights and obligations can help mitigate risks and prevent potential disputes. By recognizing the various types of breaches and the remedies available, parties can better navigate the complexities of contract law and maintain healthy business relationships. Ultimately, clear communication and thorough documentation can play a significant role in preventing breaches and ensuring that all parties fulfill their commitments as expected.

在商业和法律领域,短语breach of contract指的是违反任何在法律上具有约束力的协议中商定的条款或条件。这种情况发生在一方未能履行其在合同中规定的义务时,无论是由于不履行、延迟履行还是履行不当。理解breach of contract的含义对于个人和企业至关重要,因为这可能导致重大的经济损失和法律纠纷。合同是我们日常生活中许多交易的基础,从朋友之间的简单协议到涉及大型公司的复杂交易。当合同成立时,双方都期望条款能够得到遵守。然而,当一方未能履行其义务时,不仅会打乱预期结果,还可能导致双方之间信任的破裂。例如,考虑一个场景,一个承包商被雇来建造一座房子。合同规定工作应在六个月内完成。如果承包商没有正当理由而未能按时完成项目,这将构成breach of contract。房主可以寻求赔偿因延误而产生的额外费用,例如临时住房或租金损失。breach of contract有几种类型,包括轻微违约、重大违约和预期违约。轻微违约发生在非违约方尽管发生了违约,但仍然获得了交易的利益。例如,如果供应商迟交货物一天,但货物仍然可以接受,这可能被视为轻微违约。另一方面,重大违约严重削弱了合同的目的,允许非违约方终止合同并寻求赔偿。预期违约发生在一方在到期日之前表明他们将不履行合同义务。当发生breach of contract时,非违约方有几种选择。他们可以选择提起法律诉讼,寻求补偿性损害赔偿,即覆盖实际损失,或后果性损害赔偿,即考虑因违约而发生的损失。或者,非违约方可以选择具体履行,这是要求违约方按照原合同约定履行其义务的法律救济。需要注意的是,并非所有违约都会导致法律后果。在某些情况下,由于不可预见的情况,即不可抗力事件,例如自然灾害或其他重大干扰,一方可能会被免除履行责任。在这种情况下,受影响的一方可能不对breach of contract负责。总之,理解breach of contract的概念对于任何参与合同协议的人来说都是至关重要的。无论您是企业主、承包商还是进入协议的个人,了解自己的权利和义务可以帮助降低风险并防止潜在的争议。通过认识到各种类型的违约及可用的救济措施,各方可以更好地应对合同法的复杂性,并维持健康的商业关系。最终,清晰的沟通和详尽的文档记录在防止违约和确保各方如预期履行其承诺方面发挥着重要作用。

相关单词

breach

breach详解:怎么读、什么意思、用法