The Government of Canada’s terminology and linguistic data bank.

ACTUAL BREACH [1 record]

Record 1 2015-11-16


Subject field(s)
  • Law of Contracts (common law)
  • Tort Law (common law)

Where a party fails to perform one of his obligations, that may be called actual breach; where he evinces an intention not to perform, that may be called anticipatory breach. Actual breach may take one of three forms. Non-performance is one form of breach. Suppose A, a shipowner, charters his ship to B, undertaking to have the ship at Liverpool for loading by a certain date. If A (perhaps because he has received a more profitable offer from C in Southampton) never takes his ship to Liverpool, that is a breach of contract by non-performance. Another form of actual breach is defective performance. If A attempts to get his ship to Liverpool, but arrives late, that is a breach of contract by defective performance. A third form of actual breach is the non-truth of a statement which is a term of the contract. If it is written into the contract that the ship is suitable for carrying motor-cars, and in fact it is not, that is a breach of contract.


  • Droit des contrats (common law)
  • Droit des délits (common law)

violation effective : terme normalisé par le Comité de normalisation, Promotion de l'accès à la justice dans les deux langues officielles (PAJLO).


Save record 1

Copyright notice for the TERMIUM Plus® data bank

© Public Services and Procurement Canada, 2024
TERMIUM Plus®, the Government of Canada's terminology and linguistic data bank
A product of the Translation Bureau


Language Portal of Canada

Access a collection of Canadian resources on all aspects of English and French, including quizzes.

Writing tools

The Language Portal’s writing tools have a new look! Easy to consult, they give you access to a wealth of information that will help you write better in English and French.

Glossaries and vocabularies

Access Translation Bureau glossaries and vocabularies.

Date Modified: