The breaking or violating of a law, right, or duty, either by commission or omission.
In contracts. The violation or non-fulfilment of an obligation, contract, or duty.
A continuing breach occurs where the state of affairs, or the specific act, constituting the breach, endures for a considerable period of time,
More... The breaking or violating of a law, right, or duty, either by commission or omission.
In contracts. The violation or non-fulfilment of an obligation, contract, or duty.
A continuing breach occurs where the state of affairs, or the specific act, constituting the breach, endures for a considerable period of time, or is repeated at short intervals. A constructive breach of contract takes place when the party bound to perform disables himself from performance by some act, or declares, before the time comes, that he will not perform.
In pleading. This name is sometimes given to that part of the declaration which oalleges the violation of the defendant's promise or duty, immediately preceding the ad damnum clause.
-Breach of close. The unlawful or unwarrantable entry on another person's soil, land, or close. 3 Bl. Comm. 209.-Breach of covenant. The nonperformance of any covenant agreed to be performed, or the doing of any act covenanted not to be done. Holthouse.- Breach of duty. In a general sense, any violation or omission of a legal or moral duty. 'More particularly, the neglect or failure to fulfill in a just and proper manner the duties of an office or fiduciary employment.-Broach of pound. The breaking any pound or place where cattle or goods distrained are deposited, in order to take them back. 3 Bl. Comm. 146. -Breach of prison. The offense of actually and forcibly breaking a prison or gaol, with intent to escape. 4 Chit. Bl. 130, notes; 4 Steph. Comm. 255. The escape from custody of a person lawfully arrested on criminal process.-Breach of privilege. An act or default in violation of the privilege of either house of parliament, of congress, or of a state legislature.-Breach of promise. Violation of a promise; chiefly used as an elliptical expression for "breach of promise of marriage."- Breach of the peace. A violation of the public tranquillity and order. The offence of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. 4 Bl. Comm. 142, et seq.; People v. Bartz, 53 Mich. 493, 19 N. W. 161: State v. White. IS R. I. 473, 28 Atl. 968: People v. Wallace. 85 App. Div. 170. 83 X. Y. Supp. 130; Scougale v. Sweet, 124 Mich. 311, 82 N. W. 1061. A
constructive breach of the peace is an unlawful act which, though wanting the elements of actual violence or injury to any person, is yet inconsistent with the peaceable and orderly conduct of society. Various kinds of misdemeanors are included in this general designation, such as sending challenges to fight, going armed in public without lawful reason and in a threatening manner, etc. An apprehended breach of the peace is caused by the conduct of a man who threatens another with violence or physical injury, or who goes about in public with dangerous and unusual weapons in a threatening or alarming- manner, or who publishes an aggravated libel upon another, etc-Breach of trust. Any act done by a trustee contrary to the terms of his trust, or in excess of his authority and to the detriment of the trust; or the wrongful omission by a trustee of any act required of him by the terms of the trust. Also the wrongful misappropriation by a trustee of any fund or property which had been lawfully committed to him in a fiduciary character.-Breach of warranty. In real property law and the law of insurance. The failure or falsehood of an affirmative promise or statement, or the nonperformance of an executory stipulation. Hendricks v. Insurance Co., 8 Johns. (N. Y.) 13: Fitzgerald v. Ben. Ass'n, 39 App. Div. 251. 56 N. Y. Supp. 1005; Stewart v. Drake, 9 N. J. Law, 139.
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