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Breach of contract definition

What does Breach of contract mean? A breach of contract occurs when a party fails to perform a contractual obligation, performs defectively or late, or indicates it will not perform (anticipatory breach). The concept is chiefly developed in case law, though legislation uses it in specific contexts (for example, the Sale of Goods Acts and consumer rights statutes). Consequences depend on seriousness and the contract terms. Breach of a condition or a repudiatory/material breach allows the innocent party to terminate and claim damages for breach of contract; breach of a warranty gives damages only. For innominate terms, termination depends on whether the breach deprives the...

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Employees’ Contractual Duties, Role Variation and Flexibility; Company Directors’ Statutory Duties under the Companies Act 2006

Practice notes
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Employees’ responsibilities do not need to be spelt out in their employment contracts. A contract need only set out the job title or a short outline of the work expected. Few contracts extend beyond this statutory baseline, since employers typically seek room to vary the tasks they can ask staff to undertake. Duties are frequently tied to job titles, for instance: ‘you will carry out the functions of a contracts manager’. At times, contracts try to broaden the remit, stating that the employee will perform their duties plus any other tasks, consistent with the position, that may reasonably be required.

Job descriptions

Many larger employers issue a document setting out in detail the work they expect from an employee. Unless the contract expressly incorporates it, such a job description is unlikely to have contractual effect. Consequently, an employee cannot allege Breach of contract either because they are not allocated all the tasks listed in the job description, or because they are asked to undertake work that falls outside it. For further guidance on job descriptions in general, see Practice Note: Job description and person specification...

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Web page updated on 21/05/2026

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