Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

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...

Contractual product liability: consumer goods claims, implied terms, strict retailer liability, remedies and exclusion clauses under the Consumer Rights Act 2015 and predecessor legislation

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Practice notes

Key legislation

A contract-based defective product claim is often simpler than one founded in negligence. This is because the claimant need only demonstrate that the item is not of satisfactory quality or not fit for its intended purpose. There is no requirement for the claimant to establish fault on the part of the seller or any other person. That said, in general a claimant must be a party to the agreement to pursue a breach of an express or implied term of that agreement. The Consumer Rights Act 2015 (CRA 2015) took effect on 1 October 2015. CRA 2015 defines consumer entitlements and remedies for the sale of goods and the supply of digital goods and services on or after 1 October 2015. For personal injury practitioners, the key provisions concern contracts for the sale of goods and contracts for the provision of services. For agreements concluded before 1 October 2015, there were distinct Acts dealing with contracts for the sale of goods and those addressing the supply of services (with provisions about the transfer of goods tied to the supply of services). There were three separate Acts addressing these areas in parallel legislation applicable before that date, respectively and collectively...

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Web page updated on 21/05/2026

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