: a breach of contract that is so substantial that it defeats the purpose of the parties in making the contract and gives the nonbreaching party the right to cancel the contract and sue for damages compare substantial performance at performance NOTE: Whether a breach is material is a question of fact. : breach of contract in economic theory in which it is more profitable for the breaching party to breach the contract and pay damages than to perform under the contract
: a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract : a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title) NOTE: A seller may be liable for a breach of warranty even without any negligence or misconduct.ī : failure without excuse or justification to fulfill one's obligations under a contract called also breach of contract compare repudiation
: a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds) by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position Breach is a violation of something (such as a contract) or a split or gap (as in "once more unto the breach").1 a : a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification If that's still too abstract, perhaps rely on the mnemonic that to heal a breach requires a reach across something.īreech refers either to pants or to the hind end of things (buttocks, the rear of a firearm). Breach is used of more metaphorical situations: a breach of contract, moving into the breach, the law being breached. Remember that breech is almost always used of physical situations, not metaphorical ones: a breech birth, the breech of a rifle, the baby's breech presentation, a pair of breeches. It's easy enough to head confusion off at the pass, however. It's more likely that the confusion between breech and breach is a more recent problem that is only now revealing its head. That doesn't mean that this is a non-issue. But even that is relative-according to our evidence, the mistaken phrase makes up 10% of the total number of citations for into the breech/breach. Much more common is the mistake that kicked off this article: into the breech. But the misuse is relatively small: in one of our databases, breech of contract has a literal handful of uses, and in another, it accounts for 1% of all the citations for breech/breach of contract. We do see some occasional misuse of breech for breach, however, and particularly in more abstract phrases like breach of contract. There is no evidence in our files of breach births or babies in breach presentation. 13:1), 1535 How Often Are They Confused?Īnd while some usage commentators claim that misuse of breech and breach is widespread, our evidence shows that breach (break, violation) is rarely mistaken for breech (butt-end). Get the a lynnen breche, and gyrde it aboute thy loynes. The contexts generally made it clear which breche was being referred to:Īttempted the breche or violacion of the same statutes. Breach refers to a break or violation of some sort: a breach of law, a breach in the dam, a breach of conduct.īreech and breach go back over 1,000 years, and both stem ultimately to Old English: breech to the noun brēc, which was the plural of a word that referred to leg coverings and breach to the noun brǣc, which means "an act of breaking." Though breech and breach had similar spellings in Middle English, they weren't often confused. The word wanted here is one often confused with breech: breach. You're likely more familiar with the plural breeches, which refer to pants. Breech and Breach Meaningsĭid you hear that record scratch, too? The issue is not with the use of progressive, but of breech, which in its singular form refers either to the rear part of a gun or the (ahem) rear part of a person. The famous quote is "Once more unto the breach," not "once more unto the breech." 'Breech' means something else entirely.
0 kommentar(er)
