Which Is Not a Category of Breach of Contract

Posted on

When a contract is signed by two parties, both parties have certain obligations that they need to fulfill to make the contract legally binding. However, sometimes one party may not be able to fulfill all the obligations mentioned in the contract, leading to a breach of contract. While there are various types of breaches that may occur, certain events do not fall under the breach of contract category. In this article, we will discuss which is not a category of breach of contract.

1. Mistakes

Mistakes made by one of the parties involved in the contract are not classified as a breach of contract. In some cases, mistakes can be rectified through amendment or cancellation of the contract. However, if a mistake was made intentionally, it may be considered as a breach of contract.

2. Impossibility

If a party is unable to fulfill a contractual obligation due to circumstances beyond their control, this is not considered a breach of contract. For example, if a contractor is unable to complete a construction project due to a natural disaster or force majeure event, this would be considered impossible to fulfill and not a breach of contract.

3. Unilateral actions

Unilateral actions taken by one of the parties involved in a contract are not considered a breach of contract. For example, if an employer decides to terminate the contract due to poor performance by an employee, this would be considered a unilateral action and not a breach of contract.

4. Frustration of purpose

Frustration of purpose occurs when an event occurs that makes it impossible for the parties involved to fulfill the purpose of the contract. This is not considered a breach of contract since it is beyond the control of the parties involved.

5. Duress

If a party is forced to enter into a contract against their will, this is not considered a valid contract and not a breach of contract. Duress occurs when one party uses threats or coercion to compel the other party to enter into a contract.

In conclusion, while there are various types of breaches of contract that may occur, not all events fall under this category. Mistakes, impossibility, unilateral actions, frustration of purpose, and duress are not considered breaches of contract. It is essential to understand these distinctions to ensure that contractual arrangements are fair and legally binding.