In addition, the breach generally falls into one of two categories: an “actual breach” – if a party refuses to fully meet the contractual conditions – or a “proactive breach” – when a party declares in advance that it will not provide under the terms of the contract. The purpose of an infringement clause is to give instructions on how a party should act in the event of an infringement. It may be as specific or as general as the parties wish and may require that a particular procedure be followed (e.g. B notification of a written notification of infringement) before an appeal is lodged. And of course, if you`re accused of breaching a contract, you need legal help to clarify the details of your case and help you build a defense. The first obstacle to proving an offence is to prove that there was a legally binding agreement. When a defined sanction is included in an infringement clause, it serves at the same time as a penalty clause. A penalty clause sets out the amount that one part of the other must pay for the offence. This amount is paid instead of, not in addition, damage to the money. One of the purposes of a penalty clause is to deter the party from breaking the contract in order to avoid punishment. The third and final hurdle to proving a breach of contract is probably the most important, but the most difficult to overcome. These classifications only describe how a contract may be breached and not the seriousness of the breach. A judge decides, on the basis of the claims of both parties, whether a contract has been breached. First of all, you need to be sure that a contract has been concluded. Contracts can be concluded in a large number of situations, from a simple agreement with your plumber to a complex business transaction. A written contract is easier to prove than an oral contract. “breach” means a legal concept describing the breach of a contract or agreement that occurs when a party fails to keep its promises in accordance with the provisions of the agreement. Sometimes it is a matter of interfering with another party`s ability to fulfill their duties. A contract may be breached in whole or in part. When an infringement occurs or is alleged, one or both parties may wish to have the contract applied on its terms or attempt to obtain financial damage caused by the alleged infringement. An innocent party therefore has the right to terminate a contract after his election only for breach of a contractual condition, breach or repugnant breach. Nothing less. A less common option for infringements is the “specific service”, which allows you to obtain an injunction from the other party for the performance of its contractual obligations. . .