Editing Breach of contract (section)

== What constitutes a breach of contract ==
There exists two elementary forms of breach of contract.

The first is actual failure to perform the contract as and when specified constitutes the first and most obvious type of breach. A contract lays down what must be done, what cannot be done, and when it must be done. If what was prescribed has not been done within the stipulated or reasonable period, there has been a breach of contract.

A further form of breach of contract is conduct indicating an unwillingness or inability to perform an obligation arising from that contract. 

As noted by Seddon et al, these forms of breach of contract overlap, and an actual failure to perform may manifest an unwillingness or inability to perform.{{sfnp|Seddon|2012}} This is not always the case: an individual may fail to perform a contractual obligation even when willing or able.

These classifications describe only ''how'' a contract can be breached, not how serious the breach is. A judge will make a decision on whether a contract was breached based on the claims of both parties.<ref name=":0">{{Cite web |title=Breach of Contract — Judicial Education Center |url=http://jec.unm.edu/education/online-training/contract-law-tutorial/breach-of-contract |access-date=2020-04-10 |website=jec.unm.edu}}</ref>

The first type above is an ''actual'' breach of contract. 
The two other types are breaches as to the future performance of the contract and are technically known as ''renunciatory'' breaches. The defaulting party renunciates the contract in advance of when it is required to performs its obligations. Renunciatory breach is more commonly known as "anticipatory breach."