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What Constitutes a Breach of Contract? A contract case usually comes before a judge because one or both parties claim that the contract was breached. A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract.
While failure to uphold your end of a contractual agreement, does not constitute fraud, there may be a claim for fraud, if a court is able to determine that you never had any intention of fulfilling the terms of the contract.
A contract made by fraud is termed ?voidable? rather than ?void? and the injured party can choose to proceed with the contract even after learning about the defendant's fraudulent inducement.
The Statute of Frauds in California is a section of the state civil code that details when a contract must be in writing, as well as what a written agreement must include. This statute requires most contracts to be in writing to be valid, with only a few exceptions.
Any promises made in connection with marriage, including such gifts as an engagement ring. Contracts that cannot be completed in less than one year. Contracts for the sale of land?leases need not be covered unless they are for a year or more.