breach

In Contracts. The violation of an obligation, engagement, or duty. Breach may be either by renunciation,— that is, by the declaration of the party that he does not intend to perform (32 Iowa, 409; 61 N. Y. 362; 52 Wis. 240), by such acts as will render performance impossible (82 N. Y. 108; 22 Fed. 522; 16 Mass. 161), — or by actually failing to perform any or all the terms of the contract; the two first mentioned being constructive breaches, and the last, actual breach. A continuing breach is one where the condition of things constituting a breach continues during a period of time, or where the acts constituting a breach are repeated at brief intervals. P. Moore, 242; 1 Leon. In Pleading. That part of the declaration in which the violation of the defendant's contract is stated.

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 alleges the violation of the defendant's promise or duty, Immediately preceding the ad damnum clause.

— Breach of close. The uniawful 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.

— Breach 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 offense 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, 18 R. I. 473, 28 Atl. 968; People v. Wallace, 85 App. Div. 170, 83 N. Y. Supp. 130; Scougale v. Sweet, 124 Mich. 311, 82 N. W. 106L 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.

A violation of a duty or an obligation; a breaking, or a forcible passing through or over a material object; that part of a declaration which charges a violation of contract Breach of close: an unlawful or unlicensed entry upon the land of another. Breach of contract, or covenant: a violation of an obligation imposed by a conti'act or covenant Breach of ponnd: a breaking of a place in which a thing is lawfully impounded with intent to remove it Breach of prison: an actual forcible breaking of a jail or prison with intent to escape. Breach of privilege: a violation of the privilege of a legislature. Breach of promise: a failure to solemnize a contract to marry. Breach of the peace: a disturbance of the public peace by a riotous, forcible or unlawful proceeding. Breach of trust: a violation of a duty or obligation arising out of confidence. Breach of warranty: a violation of a contract of warranty. Continuing breach: a continuance of that condition of things, or a repetition of the act, which constitutes a breach.

Breaking, violation, infraction. 1. A violation of duty or obligation. 2. The part of a declaration which charges the violation of a contract. See Damages. Breach of close. An unlawful entry upon land. See Close, 3. ' Old Dominion Steamship Co. v. Mo Kenna, U. S. Cir. Ct., S. D. N. Y. (Feb. 26, 1S87), eases, Brown, J.: 30 F. E. 48, 3.1 Alb. Law J. 203, 26 Am. Law Reg. 423-32, cases 18 Abb. N. Cas. 262, 281, cases. See also State V. Glidden, 55 Conn, 76 (April, 1887): 35 Alb. Law J. 348, 3 N. E. Rep. 849; 9 Cr. Law Mag. 1-17 (Jan., 1887), cases; 21 Am. Law Rev. 41-69 (Feb., 1887), cases; ib. B09-32 (18S7), cases; State v. Stewart, Sup. Ct, Vt. (May, 1887), cases: 36 Alb. Law J. 9-11 (1887); 35 id. 203, 224-26 (1837), cases; 22 Am. Law Rev. 233 (April, 1888), cases; 3 Kans. Law J. 273 (1886).. = Compare Penn. Acts 8 May, 1869, 14 June, 1872, 20 April, 1870: Purd. Dig. 1172. Applied, Brace Brothers ■V. Evans et al., ante, Breach, of contract or covenant. A failure to observe the conditions of a contract. See Contract; Covenant. Breach, of pound. The forcible removal of a thing lawfully impounded. Also called pound-breach. See Pound, 3. Breach of prison. Escape from lawful confinement in a prison. Also called jprisonbreach. See Escape, 1 (2). Breach of privilege. Violation of the privilege of a legislature. See Privilege, 4. Breach of promise. Failure to solemnize a contract of marriage, q. i: Breach of the peace. Disturbance of the public order. See Peace, 1. Breach of trust. Violation of the duty imposed by an instrument creating a trust; also, willful misappropriation of a thing bailed. See Trust, 1. Breach of ■warranty. Where a contract of warranty is broken in any of its conditions. See Warranty. Continuing breach. Describes acts in violation of one's duty, continuous or repeated at short intervals.

[Lat. /rocfe'o, infractio, violatio.] The breaking or violating of a law, right or dutj, either by commission or omission. See infra. The breaking, or forcibly passingr through, or over a material object. See tn/ra. Breach of closb. The unlawful, or unwarrantable entry on another person's soil, land or close. 8 Bl. Com. 209, 210. See Close, Quare clausumjregit. Trespass, Breach of covenant. The nonperformance of any covenant agreed to be performed, or the doing of any act covenanted not to be done, ffolthouse, 3 BL Com. 155, 166. Breach of peace. The oflfence of breaking or disturbing the public peace by any riotous, forcible or unlawful proceeding. 4 BL Com. 142, et seq. 4 Steph. Com. 273, et seq, ' Breach of pound^ The breaking any pound or place where cattle or good& distrained are deposited, in order to take them back. 3 BL Com. 146. See Found breach. Breach of prison. The offence of actually and forcibly breaking a prison or gaol, with intent to escape. 4 Chitt. BL Com. 130, notes. 4 Steph. Com. 265.

contracts, torts, the as a breacly of a covenant is the non-performance of a covenant; the breach of a duty, is the refusal or neglect to execute an office, trust or the like, according to law; breach of the peace, is the disturbance’ of the public peace. Vide article Peace. Breach of prison, is the act of escaping from prison. A breach‘ of promise, is the non-performance of a promise or engagement. For breaches of contracts, the remedy is by an action on such contracts; for the breach of those duties which amount to quasi contracts, the remedy is also a civil action; and for breaches of peace or violations of the public law, the offender may be indicted for a misdemeanor.