Difference Between Breach and Violation

Disagreements, failure to honour contracts and violations of law, just to name a few have become common in this day and age. Thanks to the law, all these issues can be fairly resolved. In relation to this, the terms breach, default, infringement, infraction and violation are, in most instances, considered legal synonyms. Despite this, the terms have differences as outlined below. 

What is Breach?

This is used in reference to the failure to perform or nonperformance of previously agreed specific terms and conditions in a binding contract. A breach differs under different scenarios and is specific. It could be a late payment, failure to deliver set conditions in a contract or even failure to deliver a promised asset within the specified period. A claim of a breach of contract can only be made after proving that a breach actually occurred. 

While sometimes the process of handling a breach of contract is specified in the original contract, other times it is not. In this scenario, the parties can settle the issue among themselves. This can lead to adjudication or a new contract. 

A breach can either be a:

• A material breach- This occurs when one party received receives a different item from what was stated in the contract. 
• A minor breach- This occurs when a service or item is not received by the due date. 

A breach can either be an anticipatory breach whereby a party states of their inability to deliver in advance, or an actual breach whereby one-party refuses to perform as per the contract. 

What is Violation?

This is used in reference to general violations or contraventions of law or rights. Violations include civil wrongs as well as crimes. For instance, fraud is a violation of both criminal and civil laws. Other types of violations include probation violations and traffic violations. 

Violations are often resolved through fines, civil penalties and severe punishments for criminal offences. The severity of the punishment should be in line with the severity of the violation. 

Similarities Between Breach and Violation

• Both are legal wrongs punishable by law

Differences Between Breach and Violation

Definition

Breach refers to the failure to perform or nonperformance of specific previously agreed terms and conditions in a binding contract. On the other hand, violation refers to general violations or contraventions of law or rights. 

Solutions

The remedies of a breach include adjudication, a new contract in instances where the process of handling a breach of contract is not specified in the original contract. On the other hand, the remedies of a violation include fines, civil penalties and severe punishments for criminal offences. 

Examples

Examples of a breach include late payment, failure to deliver set conditions in a contract and failure to deliver a promised asset within the specified period. On the other hand, examples of a violation include fraud, probation and traffic violations. 

Breach vs. Violation: Comparison Table

Summary of Breach vs. Violation

Breach refers to the failure to perform or nonperformance of specific previously agreed on terms and conditions in a binding contract. Examples include late payment, failure to deliver set conditions in a contract and failure to deliver a promised asset within the specified period. On the other hand, violation refers to general violations or contraventions of law or rights. Examples include fraud, probation and traffic violations. 

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