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...

A practitioner’s guide to bringing breach of contract claims in England and Wales: viability, remedies, limitation, pre-action, ADR, issuing, pleading, evidence, enforcement and cross-border issues

Published by a LexisNexis Dispute Resolution expert

Practice notes

Scope of this Practice Note

This Practice Note on breach of contract claims delivers practical guidance and tips for advancing a claim. On receipt of papers or instructions, key steps include identifying the breach, the loss and the remedy sought; evaluating causation, quantum and duties to mitigate; verifying limitation; and preparing, issuing and pleading the claim. It also addresses evidential matters, including disclosure and the engagement of experts, together with practical requirements such as pre-action obligations and alternative dispute resolution (ADR). To aid understanding, a hypothetical breach scenario appears below.

Breach of contract claims encompass a wide range of disputes grounded in a contractual relationship between the parties, whether that relationship arises from a written agreement, is formed orally or by conduct, or results from a combination of these methods of creating contractual obligations. Disputes may arise, for example, from:

an alleged failure to perform in line with the contractual terms—this might be as seemingly straightforward as non-delivery of goods and/or involve disagreement over whether the goods or services supplied amount to the performance required under the contract
an alleged wrongful termination or a purported termination of the...

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Web page updated on 21/05/2026

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