BREACH

The breaking or violating of a law, right, or duty, either by commi ion or omi ion. In contracts. The violation or non-ful· filment of an obligation, contract, or duty. f A continuing breach occu;rs where the state of affairs, or the specific act, constituting the breach, endures for a considerable period of time, r i-s repeated at short intervals. A ca-nstnro- 'tfoe breach of contract takes place when the 1party bound to.perform disables himself from 6 '.performance by some act, or declares, before the!time comes, that he will not perform. In pleading. This name is sometimes given to that part of the declaration which alleges the violation of the defendant's prom- H lse or duty, immediately preceding the ad damnum clause. -Breach of close. The unlawful or unwarbntable entry on another person's soil, land, or jclose. 3 Bi. Comm. 209.-Breach of covfl• nant. The non-performance of any covenant agreed to be performed, or the doing of any act I 'raovenanted not to be done. Holt house.- reach of duty. In a general sense, any violation or omi ion ·of a legal or moral duty. More particularly, the neglect or failure to fulfill in a just and proper manner the duties of '1,n office or fiduciary employment.-Breach of,pound. The breaking. an:y pound or!!lace J i where cattle or goods d1stramed are deposited, 1n order to take them back. 3 BI. Conim. 146. '-Breach of prison. The offense of actually 'and forcibly breaking a prison or gaol, with intent to escape. 4 Chit. BI. 130, notes; 4 Ste-ph. Comm. 255. The escape from custody of a person lawfully arrested on criminal proc- K e .-Breach of privilege. An act or default in violation of the privilege of either house of parliament, of congre , or of a state legislature.-Breach of promise. Violation of a promise; chiefly used as an elliptical expre ion for "breach of promise of marriage."- Breach of the peace. A violation of the L public tranquillity and· order. The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. 4 BI. Comm. 142, et aeq.; People v. Bartz, 53 Mich. 493, 19 N. W. 161; State v. White, 18 R. I. 473, 28.At!. 968; People v. Wallace, 85 App. Div. 170, 83 N. Y. Supp. 130; Scougale M v•. Sweet, 124 Mich. 311, 82 N. W. 1061. A · [s. 155]