Legal Term: BREACH

Definition: contract, torts. The violation of an obligation, engagement or duty, as a breach of covenant is the non-performance or violation of a covenant, the breach of a promise is non-performance of a promise, the breach of a duty, is the refusal or neglect to execute an office or public trust, according to law.

2. Breaches of a contract are single or continuing breaches. The former are those which are committed at one single time. Skin. 367, Carth. 289. A continuing breach is one committed at different times, as, if a covenant to repair be broken at one time, and the same covenant be again broken, it is a continuing breach. Moore, 242, 1 Leon. 62, 1 Salk. 141, Holt, 178, Lord Raym. 1125. When a covenant running with the land is assigned after a single breach, the right of action for such breach does not pass to the assignee but if it be assigned after the commencement of a continuing breach, the right of action then vests in such assignee. Cro. Eliz. 863, 8 Taunt. 227,, 2 Moore, 164, 1 Leon. 62.

3. In general the remedy for breaches of contracts, or quasi contracts, is by a civil action.

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