Law Dictionary Definitions

breach of warranty. 1. A breach of an express or implied warranty relating to the title, quality, content, or condition of goods sold. UCC § 2-312. [Cases: Sales  284. C.J.S. Sales § 251.] 2.Insurance. WARRANTY(3). [Blacks Law 8th]

breach of trust.A trustee’s violation of either the trust’s terms or the trustee’s general fiduciary obligations; the violation of a duty that equity imposes on a trustee, whether the violation was willful, fraudulent, negligent, or inadvertent. • A breach of trust subjects the trustee to removal and creates personal liability.[Blacks Law 8th]

breach of the peace.The criminal offense of creating a public disturbance or engaging in disorderly conduct, particularly by making an unnecessary or distracting noise. — Also termed breach of peace; disturbing the peace; disturbance of the peace; public disturbance. See disorderly conduct under CONDUCT. [Cases: Breach of the Peace  1–14. C.J.S. Breach of the Peace…

breach of promise.The violation of one’s word or undertaking, esp. a promise to marry. • Under English common law, an engagement to marry had the nature of a commercial contract, so if one party broke the engagement without justification, the innocent party was entitled to damages. See HEARTBALM STATUTE . [Cases: Breach of Marriage Promise …

breach of prison.See PRISON BREACH. [Blacks Law 8th]

breach of peace.See BREACH OF THE PEACE. [Blacks Law 8th]

breach of duty.The violation of a legal or moral obligation; the failure to act as the law obligates one to act; esp., a fiduciary’s violation of an obligation owed to another. See NEGLIGENCE. [Cases: Negligence  250.C.J.S. Negligence § 59.] [Blacks Law 8th]

  breach of covenant.The violation of an express or implied promise, usu. in a contract, either to do or not to do an act. See COVENANT. [Cases: Contracts  312. C.J.S. Contracts § 561.][Blacks Law 8th]

breach of contract.Violation of a contractual obligation by failing to perform one’s own promise, by repudiating it, or by interfering with another party’s performance. [Cases: Contracts 312, 315. C.J.S. Contracts § 561.] “A breach may be one by non-performance, or by repudiation, or by both. Every breach gives rise to a claim for damages, and…

breach of close.The unlawful or unauthorized entry on another person’s land; a common-law trespass. — Also termed breaking a close. See CLOSE(1). [Cases: Trespass  10. C.J.S. Trespass §§ 13–15.][Blacks Law 8th]