12/27/2023 0 Comments Breach definitionThe term likely used in the contract was “covenant not to compete.” If he willingly leaves his current employer and goes to work for a competitor before the two-year mark is completed, his employer has the right to seek an injunction or restraining order. The contract states that he cannot work for a competing paper supply company for two years after leaving his current employer. Michael is a salesperson for a paper supply company and has signed a noncompete agreement. Alcoa Building Products, a dispute over the distribution of aluminum siding in the late 1960s, the court found that in every contract there is an implied covenant that “neither party shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract.” Breach of covenant example If the covenant is important enough, it might be for rescission or termination of an action. Indeed, a claim of breach of covenant may be for damages or specific performance. To be sure, the promise may refer to something you either promised to do or promised not to do sometime in the future. When you fail to live up to that covenant, you are considered in breach of covenant and can be sued for damages. Deeper definitionĪ covenant frequently relates in some way to real property, such as a home or vehicle. A covenant has always been part of any contract. It can refer to an express or implied condition to which a party agrees. What to do when you lose your 401(k) matchīreach of covenant is the violation of an agreement or promise made in a written contract or property deed. Should you accept an early retirement offer? ( law, informal, transitive, usually passive ) To charge or convict (someone) of breaching the terms of a bail, probation, recognizance, etc.How much should you contribute to your 401(k)?.it seldom breaches more than twice or thrice at a time, and in quick succession. Lizars, page 166:īut one of its most surprising feats, as has been mentioned of the genera already described, is leaping completely out of the water, or ' breaching,' as it is called. 1837, Hamilton, Robert, The natural history of the ordinary cetacea or whales, W.H.came jumping into the light of day, head uppermost, exhibiting their entire bodies in the sun, and falling on their sides into the water with the weight of a hundred tons, and thus " breaching" with a crash that the thunder of a park of artillery could scarcely equal. The fearless whale-fishermen now found themselves in the midst of the monsters. 1835, Hart, Joseph C., Miriam Coffin, or The whale-fishermen, Harper & brothers, vol.( intransitive, of a whale ) To leap out of the water.( transitive, nautical, of the sea ) To break into a ship or into a coastal defence."I therefore agree with the Court that the Government did breach its contract with petitioners in failing to approve, within 30 days of its receipt, the plan of exploration petitioners submitted." 2000, Mobile Oil Exploration & Producing Southeast, Inc.They breached the outer wall, but not the main one. 1748, David Hume, Enquiry concerning Human Understanding, Section 3, § 12:īut were the poet to make a total difression from his subject, and introduce a new actor, nowise connected with the personages, the imagination, feeling a breach in transition, would enter coldly into the new scene īreach ( third-person singular simple present breaches, present participle breaching, simple past and past participle breached).The act of breaking, in a figurative sense.And it would widen the breach between the public and the elite that has helped fuel anti-immigrant hostility. It would entrench the gap between London and the rest of the nation. 2013 September 28, Kenan Malik, " London Is Special, but Not That Special," New York Times (retrieved 28 September 2013):įor London to have its own exclusive immigration policy would exacerbate the sense that immigration benefits only certain groups and disadvantages the rest.( figuratively ) A difference in opinions, social class etc.( law ) A breaking or infraction of a law, or of any obligation or tie violation non-fulfillment.Breach, for breach, eye for eye, tooth for tooth: as he hath cauſed a blemiſh in a man, ſo ſhall it be done to him againe.
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