Be Wise › Contract glossary › Breach of contract
Breach of contract
A breach of contract happens when a party fails to do what it promised, does it late or does it badly. The other party is normally entitled to damages, and a serious breach may allow it to terminate.
In more detail
Whether termination is available depends on how serious the breach is, and on what the contract itself says about termination rights.
In Scotland
In Scotland, a material breach entitles the innocent party to rescind (terminate) the contract; the common-law remedies also include specific implement and retention.
Put it into a contract
Be Contract Wise provides very powerful, carefully prepared tools to draft and review simple or complex contracts under the law of England and Wales or Scots law, explaining every clause in plain English.
England & Wales appScotland appReviewed 2026-09-24. General legal information, not legal advice.