breach

a violation, as of a law, obligation, or promise: a breach of trust
Not to be confused with:breech – the lower rear portion of a human trunk; buttocks: a breech birth

breach

B0463500 (brēch)n.1. a. An opening, tear, or rupture.b. A gap or rift, especially in a solid structure such as a dike or fortification.2. A violation or infraction, as of a contract, law, legal obligation, or promise.3. A breaking up or disruption of friendly relations; an estrangement.4. A leap of a whale from the water.5. The breaking of waves or surf.v. breached, breach·ing, breach·es v.tr.1. To make a hole or gap in; break through.2. To break or violate (an agreement, for example).v.intr.1. To leap from the water: waiting for the whale to breach.2. To develop a hole or opening. Used especially of protective embankments: The rising river caused the levee to breach.

[Middle English breche, from Old English brēc; see bhreg- in Indo-European roots.]Synonyms: breach, infraction, violation, transgression, trespass, infringement
These nouns denote an act or instance of breaking a law or regulation or of failing to fulfill a duty, obligation, or promise. Breach and infraction are the least specific; when applied to lawbreaking they may imply a relatively minor offense, but they are also widely used in nonlegal contexts: Revealing the secret would be a breach of trust. Their behavior amounted to an infraction of the unwritten social code. Violation generally applies to the breaking of an explicit law or rule (a traffic violation; a violation of international law); it can also imply a failing to follow a moral or ethical standard: a violation of human rights; a violation of one's privacy. Transgression and trespass most often apply to divine or moral law: "She had said that the transgression was all the more shocking because the official was charged with enforcing federal laws against sexual harassment" (Jane Mayer and Jill Abramson)."The act of torture is such an extreme trespass against the laws of war that it may seem beside the point to wonder whether any other forms of wrongdoing have been carried out" (Elaine Scarry).
Infringement is most frequently used to denote encroachment on another's rights: "Necessity is the plea for every infringement of human freedom" (William Pitt the Younger).

breach

(briːtʃ) n1. a crack, break, or rupture2. a breaking, infringement, or violation of a promise, obligation, etc3. any severance or separation: there was a breach between the two factions of the party. 4. (Military) a gap in an enemy's fortifications or line of defence created by bombardment or attack5. (Zoology) the act of a whale in breaking clear of the water6. (Physical Geography) the breaking of sea waves on a shore or rock7. (Pathology) an obsolete word for wound¹vb8. (tr) to break through or make an opening, hole, or incursion in9. (Zoology) (tr) to break a promise, law, etc10. (intr) (of a whale) to break clear of the water[Old English bræc; influenced by Old French brèche, from Old High German brecha, from brechan to break]

breach

(britʃ)
n. 1. an infraction or violation, as of a law, trust, faith, or promise. 2. a gap made in a wall, fortification, line of soldiers, etc.; rift; fissure. 3. the act or a result of breaking; break or rupture. 4. a severance of friendly relations. 5. the leap of a whale above the surface of the water. 6. Archaic. the breaking of waves. 7. Obs. a wound. v.t. 8. to make a breach or opening in. 9. to break or act contrary to. v.i. 10. (of a whale) to leap out of the water and land with a loud splash. [before 1000; Middle English breche, Old English bræc breaking; see break] breach′er, n. syn: breach, infraction, violation all denote an act of breaking or disregarding a legal or moral code. breach is most often used of a legal offense, but it may refer to the breaking of any code of conduct: breach of contract; breach of etiquette. infraction most often refers to the breaking of clearly formulated rules or laws: an infraction of regulations. violation often suggests a willful, forceful refusal to obey: done in violation of instructions.

breach

- The leap of a whale out of the water or the breaking of waves over a vessel or onto a coast; it is also the act of breaking.See also related terms for waves.

breach

Past participle: breached
Gerund: breaching

Imperative
breach
breach

Present
I breach
you breach
he/she/it breaches
we breach
you breach
they breach

Preterite
I breached
you breached
he/she/it breached
we breached
you breached
they breached

Present Continuous
I am breaching
you are breaching
he/she/it is breaching
we are breaching
you are breaching
they are breaching

Present Perfect
I have breached
you have breached
he/she/it has breached
we have breached
you have breached
they have breached

Past Continuous
I was breaching
you were breaching
he/she/it was breaching
we were breaching
you were breaching
they were breaching

Past Perfect
I had breached
you had breached
he/she/it had breached
we had breached
you had breached
they had breached

Future
I will breach
you will breach
he/she/it will breach
we will breach
you will breach
they will breach

Future Perfect
I will have breached
you will have breached
he/she/it will have breached
we will have breached
you will have breached
they will have breached

Future Continuous
I will be breaching
you will be breaching
he/she/it will be breaching
we will be breaching
you will be breaching
they will be breaching

Present Perfect Continuous
I have been breaching
you have been breaching
he/she/it has been breaching
we have been breaching
you have been breaching
they have been breaching

Future Perfect Continuous
I will have been breaching
you will have been breaching
he/she/it will have been breaching
we will have been breaching
you will have been breaching
they will have been breaching

Past Perfect Continuous
I had been breaching
you had been breaching
he/she/it had been breaching
we had been breaching
you had been breaching
they had been breaching

Conditional
I would breach
you would breach
he/she/it would breach
we would breach
you would breach
they would breach

Past Conditional
I would have breached
you would have breached
he/she/it would have breached
we would have breached
you would have breached
they would have breached

Thesaurus

Noun	1.	breach - a failure to perform some promised act or obligationfailure - an unexpected omission; "he resented my failure to return his call"; "the mechanic's failure to check the brakes"breach of contract - a breach of a legal duty; failure to do something that is required in a contractbreach of duty - a breach of due care
	2.	breach - an opening (especially a gap in a dike or fortification)opening, gap - an open or empty space in or between things; "there was a small opening between the trees"; "the explosion made a gap in the wall"
	3.	breach - a personal or social separation (as between opposing factions); "they hoped to avoid a break in relations"falling out, severance, rupture, rift, breakschism - the formal separation of a church into two churches or the withdrawal of one group over doctrinal differencesbreakup, separation, detachment - coming apart
Verb	1.	breach - act in disregard of laws, rules, contracts, or promises; "offend all laws of humanity"; "violate the basic laws or human civilization"; "break a law"; "break a promise"infract, transgress, violate, offend, go against, breakdisrespect - show a lack of respect forsin, transgress, trespass - commit a sin; violate a law of God or a moral lawblunder, boob, drop the ball, goof, sin - commit a faux pas or a fault or make a serious mistake; "I blundered during the job interview"contravene, infringe, run afoul, conflict - go against, as of rules and laws; "He ran afoul of the law"; "This behavior conflicts with our rules"trespass - break the lawtrespass, intrude - enter unlawfully on someone's property; "Don't trespass on my land!"
	2.	breach - make an opening or gap ingapopen, open up - cause to open or to become open; "Mary opened the car door"

breach

verb1. break, violate, go against, flout, infringe, contravene, disobey, fly in the face of, transgress, fail to comply with The film breached the criminal libel laws.2. break through, split, rupture, burst through Fire may have breached the cargo tanks and set the oil ablaze.noun1. nonobservance, abuse, violation, infringement, trespass, disobedience, transgression, contravention, infraction, noncompliance The congressman was accused of a breach of secrecy laws.
nonobservance performance, honouring, observation, discharge, compliance, fulfilment, adherence to2. disagreement, difference, division, separation, falling-out (informal), quarrel, alienation, variance, severance, disaffection, schism, parting of the ways, estrangement, dissension the breach between Tito and Stalin3. opening, crack, break, hole, split, gap, rent, rift, rupture, aperture, chasm, cleft, fissure A large battering ram hammered a breach in the wall.Quotations
"Once more unto the breach, dear friends, once more" [William Shakespeare Henry V] see breech

breach

noun1. An opening, especially in a solid structure:break, gap, hole, perforation, rupture.2. An act or instance of breaking a law or regulation or of nonfulfillment of an obligation or promise, for example:contravention, infraction, infringement, transgression, trespass, violation.3. An interruption in friendly relations:alienation, break, disaffection, estrangement, fissure, rent, rift, rupture, schism, split.verb1. To make a hole or other opening in:break (through), gap, hole, perforate, pierce, puncture.2. To fail to fulfill (a promise) or conform to (a regulation):break, contravene, infringe, transgress, violate.

Translations

使有缺口攻破裂口违反

breach

(briːtʃ) noun1. a breaking (of a promise etc). 违反2. a gap, break or hole. a breach in the castle wall; a breach in security.裂口 verb to make an opening in or break (someone's defence). 攻破，使有缺口 breach of the peace a riot, disturbance or public fight. guilty of breach of the peace.扰乱治安的行为

Breach

Related to Breach: anticipatory breach

Breach of Marriage Promise

A common-law right of action for breaking a commitment to enter into matrimony.

The right of action for breach of a marriage promise has been abolished in a majority of states.

Agreement to Marry

An agreement to marry is different from all other contractual relations. The reason for this is that both its object and the relationship created between the parties are completely different from those of any other contract. In order to recover for breach of promise, the plaintiff must establish that the two parties had a valid existing contract to marry. This can be accomplished by a showing that both parties had a clear intent for the agreement to be binding.

If the parties to a contract to marry are incapable of creating a valid agreement due to a legal disability, a lawsuit for breach of marriage promise cannot be sustained. Generally, a valid defense to such an action is the infancy of the promisor at the time of the agreement. The infancy of the promisee, however, is not a valid defense. Statutes provide the ages of infancy.

An individual who is incapable of making a contract due to incompetence will not be held liable for breach of promise. Similarly, a promise to marry someone who is already married is invalid, provided the promisee knew this fact. When the plaintiff was unaware that the promisor was already married, however, he or she may recover. Upon the legal termination of the marriage by Divorce, Annulment, or death of the former spouse, a defendant who breaches a promise to marry the plaintiff may be held liable.

A breach of contract action cannot be maintained when a marriage would be unlawful due to Incest.

Offer and Acceptance

Fundamental elements to the creation of a marriage contract are an offer and acceptance. It is not necessary that the offer be in formal language. The key requirement is that both parties comprehend that there was a clearly intended offer of marriage. A statement of the intention to marry to a third person, absent any other indicated intent, is not enough.

An acceptance of an offer to marry must be given within a reasonable period of time. Such acceptance need not be formal but may be implied from the promisee's behavior. For a marriage contract to be enforceable, there must be a showing that there has been a meeting of the minds of the individuals to the agreement. A promise to marry induced by duress is invalid. Similarly, a promise to marry made by fraudulent inducement—or fraudulent concealment of facts that would prevent the making of the agreement if revealed or disclosed—will render the promise invalid and relieve the innocent party from all liability.

A promise to marry must be based upon legal consideration. Generally, one individual's promise is adequate consideration for the promise of the other party. A promise to marry must not be based solely upon illegal or immoral consideration, such as sexual relations between the parties. A promise based upon legal consideration will not, however, be vitiated merely because unlawful sexual intercourse took place between the parties either prior to or following the promise.

If a promise to marry is conditional, liability for its breach will arise only following the performance or occurrence of the agreed condition.

A contract to marry may be manifested by many promises made at different times; however, there is only a single contract, and only a single breach can take place.

A contract to marry can be rescinded either by mutual consent of the parties or in instances of Fraud or duress. The consent to postpone a marriage alone does not constitute a release of the obligation to perform it.

Breach

Unless there is a legally justifiable reason, an unwillingness to perform one's promise to marry creates a breach of promise to marry. Mere postponement of the wedding does not constitute a breach unless it is done arbitrarily and for no good reason. In such case, the postponement can be regarded as equivalent to a refusal to comply with the marital promise.

Defenses

Defenses exist other than the invalidity or termination of the marriage contract and lack of capacity.

The invalidity of the plaintiff's divorce from a former spouse may be used as a defense only if the issue of the divorce is raised on the ground that there was a lack of jurisdiction on the part of the court to permit the divorce. If the plaintiff had an invalid divorce, the defendant cannot be held liable for breach of the marriage promise because the plaintiff was still lawfully married to his or her former mate and, therefore, could not validly contract a marriage with the defendant.

A valid defense to a breach of marriage promise is the plaintiff's refusal to marry the defendant. The defendant cannot later defend himself or herself on the basis of the fact that he or she subsequently offered to marry the plaintiff. The engagement of the plaintiff to another individual at the time of entering into a contract with the defendant is not a defense. Similarly, the marriage of the plaintiff to another party subsequent to the defendant's breach does not excuse the defendant of liability for a breach. Unattractive personality traits, or offensive conduct, such as drunkenness, cannot be used as a defense. When the objectionable behavior amounts to a felony, however, it can be used as a defense against the plaintiff in a breach of marriage promise action.

Generally, a defendant will successfully defeat an action by alleging physical incapacity or disease that makes it either unsafe or improper to enter into marriage. If a defendant has knowledge of the disability when he or she promises to marry the plaintiff there is no defense. A disability on the part of the defendant that would not interfere with the marital relationship is insufficient to relieve a defendant of his promise.

Damages

The nature and form of an action for breach of marriage promise is contractual. Recoverable damages include Compensatory Damages for injury to the feelings and health of the plaintiff as well as to his or her reputation. A plaintiff may also recover damages for any financial loss resulting from the breach, comparable to the recovery in a breach of any other contract action, in addition to compensation for loss of advantages that would have stemmed from a marital relationship with the defendant.

Cross-references

Divorce; Irretrievable Breakdown of Marriage; Marriage.

breach

1) n. literally, a break. A breach may be a failure to perform a contract (breaking its terms), failure to do one's duty (breach of duty, or breach of trust), causing a disturbance, threatening, or other violent acts which break public tranquility (breach of peace), illegally entering property (breach of close), not telling the truth--knowingly or innocently--about title to property (breach of warranty), or, in past times, refusal to honor a promise to marry (breach of promise). 2) v. the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to others. (See: breach of contract, breach of the peace, breach of promise, breach of warranty)

BREACH, contract, torts. The violation of an obligation, engagement or duty; as a breach of covenant is the non-performance or violation of a covenant; the breach of a promise is non-performance of a promise; the breach of a duty, is the refusal or neglect to execute an office or public trust, according to law.
2. Breaches of a contract are single or continuing breaches. The former are those which are committed at one single time. Skin. 367; Carth. 289. A continuing breach is one committed at different times, as, if a covenant to repair be broken at one time, and the same covenant be again broken, it is a continuing breach. Moore, 242; 1 Leon. 62; 1 Salk. 141; Holt, 178; Lord Raym. 1125. When a covenant running with the land is assigned after a single breach, the right of action for such breach does not pass to the assignee but if it be assigned after the commencement of a continuing breach, the right of action then vests in such assignee. Cro. Eliz. 863; 8 Taunt. 227;, 2 Moore, 164; 1 Leon. 62.
3. In general the remedy for breaches of contracts, or quasi contracts, is by a civil action.

BREACH. pleading. That part of the declaration in which the violation of the defendant's contract is stated.
2. It is usual in assumpsit to introduce the statement of the particular breach, with the allegation that the defendant, contriving and fraudulently intending craftily and subtilely to deceive and defraud the plaintiff, neglected and refused to perform, or performed the particular act contrary to the previous stipulation. ?
3. In debt, the breach or cause of action. complained of must proceed only for the non-payment of money previously alleged to be payable; and such breach is nearly similar, whether the action be in debt on simple contract, specially, record or statute, and is usually of the following form: " Yet the said defendant, although often requested so to, do, hath not as yet paid the said sum of ____ dollars, above demanded, nor any part thereof, to the said plaintiff, but bath hitherto wholly neglected and refused so to do, to the damage of the said plaintiff _________ dollars, and therefore he brings suit," &c.
4. The breach must obviously be governed by the nature of the stipulation; it ought to be assigned in the words of the contract, either negatively or affirmatively, or in words which are co-extensive with its import and effect. Com. Dig. Pleader, C 45 to 49; 2 Saund. 181, b, c; 6 Cranch, 127; and see 5 John. R. 168; 8 John. R. 111; 7 John. R. 376; 4 Dall. 436; 2 Hen. & Munf. 446.
5. When the contract is in the disjunctive, as, on a promise to deliver a horse by a particular day, or pay a sum of money, the breach ought to be assigned that the defendant did not do the one act nor the other. 1 Sid. 440; Hardr. 320; Com. Dig. Pleader, C.

breach

breach

breach

breach

breach

breach

breach

breach

breach

breach

breach

breach of decorum

breach of etiquette

breach of promise

step into the breach

step into the breach

step into the breach

step into the ˈbreach

breach

breach

breach

breach

negligence

Breach

Breach of Marriage Promise

Agreement to Marry

Offer and Acceptance

Breach

Defenses

Damages

Further readings

Cross-references

breach

Breach

Breach

BREACH

breach

Synonyms for breach

verb break

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verb break through

Synonyms

noun nonobservance

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Antonyms

noun disagreement

Synonyms

noun opening

Synonyms

Synonyms for breach

noun an opening, especially in a solid structure

Synonyms

noun an act or instance of breaking a law or regulation or of nonfulfillment of an obligation or promise, for example

Synonyms

noun an interruption in friendly relations

Synonyms

verb to make a hole or other opening in

Synonyms

verb to fail to fulfill (a promise) or conform to (a regulation)

Synonyms

Synonyms for breach

noun a failure to perform some promised act or obligation

Related Words

noun an opening (especially a gap in a dike or fortification)

Related Words

noun a personal or social separation (as between opposing factions)

Synonyms

Related Words

verb act in disregard of laws, rules, contracts, or promises

Synonyms

Related Words

verb make an opening or gap in

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Related Words