Actual Breach

In one sentence

Failure to perform a contract duty on or after the date performance is due.

Plain English

An actual breach happens when the deadline arrives and the party doesn't do what they promised. Unlike an anticipatory breach (where they signal ahead of time they won't perform), an actual breach is the real failure itself. It's the moment the contract obligation is violated. The injured party can then sue for damages or seek other remedies.

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Example

A software company promises to deliver a custom app by December 31st. December 31st comes and goes with no app delivered. That's an actual breach. The client can now sue for damages, such as the cost of hiring another developer or lost profits from the delayed launch.

Used in a sentence

“The tenant's failure to pay rent on the due date was an actual breach of the lease agreement.”

Related terms

Anticipatory Breach

A party's clear statement or action showing they won't perform their contract duties before the due date.

Breach of Contract

Failure to do what a contract requires, without a valid legal excuse.

Material Breach

A significant failure to perform a contract obligation that defeats its core purpose.

Mitigation of Damages

A duty to take reasonable steps to minimize losses caused by another party's breach.

Rescission

Unwinding a contract entirely, returning both parties to their positions before the deal.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

Consideration

Something of value exchanged by each party to make a contract binding.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.