Commercial Contracts

Breach of Contract

Failing to perform an obligation the contract requires, without a lawful excuse.

Breaches range from minor to fundamental. A fundamental breach — one going to the root of the bargain — may let the innocent party end the contract and claim damages; a minor breach usually supports damages only.

Why it matters: treating a contract as terminated when the breach was not fundamental can itself be a breach, reversing who owes whom.

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Legal information, not legal advice. Rules differ by province and change over time. A licensed lawyer must review your matter.

Editorial status: Lawkin Editorial — pending independent legal review.

Breach of Contract — Canadian legal glossary | Lawkin — Lawkin