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.