If a person:
- Fails to do what is required of them under the contract, or
- Makes it clear, before the work is due, that he or she is unwilling or unable to do what was promised that person will have breached the contract.
- Elaine’s contract with Remus Ltd requires that Elaine deliver all of their products by 5 pm on Friday. If Elaine fails to do this, she is in breach of her contract. If Elaine only delivers 95 per cent of the products by 5 pm on Friday, she is still in breach because she did not complete the job. This is called ‘part performance’.
- Elaine’s truck breaks down and she tells Remus Ltd on Monday that the products will not be delivered by Friday. Elaine is in ‘anticipatory’ breach of the contract.