samningsbrot

Samningsbrot is a term used in contract law to describe the violation of a contractual obligation, typically when a party fails to perform as required, performs defectively, or performs late. It also includes anticipatory breach, where a party announces (before performance is due) that it will not fulfill its obligations.

Breaches are commonly categorized as material (significant failure that undermines the contract’s purpose) and minor (non-material) breaches. A material breach generally gives the non-breaching party the right to suspend performance, seek damages, or terminate the contract. A minor breach may allow a claim for damages but does not automatically terminate the agreement.

Remedies include damages intended to place the harmed party in the position it would have been in had the breach not occurred; specific performance or injunction when monetary damages are inadequate; termination or rescission of the contract and restitution of benefits conferred; and, where provided in the contract, liquidated damages.

To establish samningsbrot, the claimant must usually show a valid contract, a duty to perform, breach of that duty, causation, and resulting damages. Defences may include lack of breach, force majeure, impossibility, waiver, or failure to mitigate damages. The time limits for bringing a claim (statutes of limitations) and any applicable cure periods or notices are governed by jurisdiction and contract terms.

Examples: A contract to deliver 100 units by a date, but delivery is late or never occurs, constitutes a breach. If the breach is material, the non-breaching party may suspend performance, claim damages, or terminate the contract. If it is minor, damages may still be recoverable without automatic termination. See also contract law, damages, and specific performance.