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Simple English definitions for legal terms
total breach
Read a random definition: constructive seisin
A quick definition of total breach:
Total breach is when someone breaks a promise they made in a contract. This can happen if they don't do what they said they would, say they won't do it, or interfere with someone else doing it. If this happens, the person who was supposed to get something from the contract can ask for money to make up for what they lost. Sometimes, the breach is so bad that the person who broke the contract can't fix it, and the other person can stop doing what they promised to do too. This is called a total breach.A more thorough explanation:
Definition: A total breach is a violation of a contractual obligation where one party fails to perform their promise, repudiates it, or interferes with the other party's performance. It is a breach that gives rise to a claim for damages and may give rise to other remedies.
Examples: If a company hires a contractor to build a house and the contractor fails to complete the project on time or does not build the house according to the agreed-upon specifications, it is considered a total breach. Another example is if a company hires an employee and the employee does not show up for work or does not perform their duties as agreed upon in their contract.
Explanation: In both examples, there is a violation of a contractual obligation where one party fails to perform their promise. The company in both cases has the right to sue for damages and may have other remedies available to them. The breach is considered total because it is significant enough to excuse the aggrieved party from further performance and affords them the right to sue for damages.