What characterizes a breach of contract?

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A breach of contract is characterized by the inability or failure of one party to fulfill their obligations as outlined in the agreement. Specifically, non-fulfillment of a condition precedent refers to a situation where an essential condition, which must be satisfied before a party is obligated to perform under the contract, is not met. This failure to meet a condition can prevent the contract from being enforced or can lead to a legal claim for breach, as it implies that one party has not upheld their end of the agreement.

In contrast, fulfillment of all terms and conditions indicates that the contract is being executed properly without issues. Modification of contract terms suggests adjustments have been made to the original contract, which does not inherently indicate a breach. Agreement of both parties to terminate means they have mutually decided to end the contract, which is a legitimate action and not indicative of a breach. Thus, non-fulfillment of a condition precedent distinctly identifies a situation where a party has breached the contract due to unmet obligations.

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