BREACH OF CONTRACT – Breached Meaning? What is a Breach of Contract?

BREACH OF CONTRACT – Breached Meaning? What is a Breach of Contract?

September 19, 2019

When it comes to contract disputes, clients often inquire: “what is a breach of contract?” “what does breach mean?” or …“breached meaning?”  In short a breach of contract means a party to a contract failed to preform some aspect of the contract, without legitimate legal excuse. If a party to a contract fails to preform any promise that was formed as part of a contract, regardless if the contract was oral or written, then that party would have breached the contract.

Available Contract Remedies and Damages are outlined in the Contract Chart below:

Contract Damages /Remedies:   Available if:
Compensatory Damages Damages that compensate the plaintiff for the unique loss they suffered as a result of the breach of contract, which includes costs and expenses incurred as a result of the breach of contract.


If there is an actual loss suffered by the non-breaching party.
Punitive Damages Punitive damages are only awarded to an injured plaintiff when the defendant’s conduct was despicable or reprehensible.  Punitive damages are designed to punish a wrongdoer for the wrongful conduct and discourage similar conduct in the future. There is a showing of fraud, bad faith, breach of fiduciary, oppression, deceit or malice
Liquidated Damages A liquidated damages clause in a contract that specifies an amount of damages, payable to a non-breaching party in the event of a specific type of breach or failure to preform.  In order for a liquidated damages clause to be found enforceable amount it must be a reasonable “estimate” of actual damages which will be sustained by a non-breaching party in the event of a breach. (1)    A liquidated damages clause is included in the agreement; and

(2)    The specific amount of payable damages is a reasonable estimate of actual damages.

Specific Performance In situations in which monetary damages will not make a plaintiff whole, a court may order specific performance. This requires the breaching party to perform their obligations under the contract. Specific performance is a common remedy in real estate disputes, since each piece of real property is considered unique.


What is bargained for in the terms of the agreement must be unique so that no award for monetary damages would suffice.


If you have a pending contract dispute or have questions regarding a breach of contract, we encourage you to contact our offices at 619-432-5145 for a free consultation with one of our San Diego contract attorneys and California breach lawyers.


Diana Legal