chapter  10
Breach of Contract
WithB. S. Patil, S. P. Woolhouse
Pages 44

A breach of a contract is failure to perform an obligation arising out of the contract. Where there is failure to perform an obligation, in whole, it is a total breach. When an agreement is broken only in part it is a partial breach. Every breach of a contractual obligation confers upon an injured party a right of action. However, there are a number of valid excuses for non-performance of contractual obligations. In a building or construction contract, the earliest possible situation out of which a breach of the contract may arise would be the refusal of a party to go ahead with the contract. When breach of a contract takes place, the injured party has several alternatives. The injured party may waive the breach or release the other party, or terminate the contract or accept the performance subject to recovery of damages.