Legal Definitions - total breach

Definition: A total breach is a violation of a contractual obligation where one party fails to perform their promise, repudiates it, or interferes with the other party's performance. It is a breach that gives rise to a claim for damages and may give rise to other remedies.

Examples: If a company hires a contractor to build a house and the contractor fails to complete the project on time or does not build the house according to the agreed-upon specifications, it is considered a total breach. Another example is if a company hires an employee and the employee does not show up for work or does not perform their duties as agreed upon in their contract.

Explanation: In both examples, there is a violation of a contractual obligation where one party fails to perform their promise. The company in both cases has the right to sue for damages and may have other remedies available to them. The breach is considered total because it is significant enough to excuse the aggrieved party from further performance and affords them the right to sue for damages.