Breach

A breach is a violation of a law, obligation, or standard, or a failure to observe a duty as required. It can occur in contracts, legal duties, or security and privacy contexts. The term is used across civil and criminal law, business, and information security.

Breach of contract: If a party fails to perform a contractual obligation when due, the contract is breached. A breach can be material, giving the injured party the right to terminate and sue for damages, or non-material (minor) with more limited remedies. Anticipatory breach occurs when one party indicates it will not perform before performance is due. Remedies include compensatory damages, specific performance, or rescission.

Data breach: In information security, a breach occurs when unauthorized access to data compromises confidentiality, integrity, or availability. Data breaches can trigger regulatory reporting requirements and consumer notification; consequences include financial costs, reputational damage, and identity theft risks. Organizations respond with incident response, containment, breach notification, and remediation.

Other uses: Breach of fiduciary duty occurs when a person in a position of trust acts contrary to the interests of those owed duties. Breach of the peace is a traditional term in criminal law describing acts that disturb public order; many jurisdictions have replaced or narrowed it. Breach may be used in contexts like “breach of confidence” or “breach of contract.”

Remedies and standards: The determination of breach often depends on contract terms, applicable law, and interpretation of duties. Courts consider materiality, foreseeability of damages, and whether the non-breaching party suffered harm. Some breaches are excused or justified, such as impossibility or force majeure.