An infringement may occur if a party to a valid contract has not fulfilled its aspect of the treaty. Generally speaking, the temporal provisions of a contract are not contractual conditions (there are exceptions, for example. B for shipping contracts; it depends in part on the economic importance of the timely delivery in all the circumstances of the case). Therefore, the absence of a performance date set out in a contract is usually a breach of warranty. However, if a contract states that time is essential or contains an explicit or implied provision that periods of performance are critical, the time provisions are terms of the contract. As a result, it is a breach of a condition of the contract that entitles the innocent party to termination if a party does not meet the deadlines. Treaties often use formulations different from those of a negative violation to describe some kind of violation. These conditions include a material breach, a fundamental breach, a material breach, a serious breach. These alternative formulations have no fixed legal meaning – they are interpreted within the framework of the treaty in which they are used. For this reason, the meaning of different concepts may vary from case to case.
Possible interpretations of their meaning include “repugnant violation” and “a serious injury, but not as serious as a negative injury.” If, in the example above, the contractor was ordered to use copper pipes and instead used iron tubes that would not last as long as the copper pipes would have held, the owner can recover the costs of actually correcting the infringement – removing the iron tubes and replacing them with copper pipes. In the event of a breach, a party violates the terms of an agreement between two or more parties. This implies that an obligation stipulated in the contract is not fulfilled in time – you are late with a rent or if it is not respected at all – a tenant grants his accommodation with a rent of six months. Courts and formal infringement remedies are not the only options for individuals and companies involved in contractual disputes….