Contractual risk
Introduction
Breach of contract is a cause of legal action where a binding agreement or negotiated exchange is not honored by one or more of the parties to the contract due to poor performance or interference with the performance of the other parties.
Non-compliance is one of the elements that configure contractual responsibility.
The notion of non-compliance is not univocal since each legal system can prioritize different elements, such as imputability and/or the assumption of the risk of non-achievement of the material result. Thus, in the former, the axis will be placed on the accreditation that the result was not achieved due to the debtor's lack of diligence; while, in the latter, it must be demonstrated that the debtor assumed the risk of materializing a certain useful result, so any deviation will be classified as a breach.[1].
Modes of contractual breach
Non-compliance can be:
References
- [1] ↑ Saavedra, Renzo. «Las (tres) aproximaciones al incumplimiento contractual: Esbozo desde una perspectiva comparada».: https://www.academia.edu/38387960/Las_tres_aproximaciones_al_incumplimiento_contractual_Esbozo_desde_una_perspectiva_comparada