passive breach of contract

Civil law. A failure to perform the requirements of a contract.

• Under Louisiana law up to 1984, passive breach of contract was contrasted with active breach of contract, which was negligence in performing a contractual obligation. While an active breach of contract could give rise to claims in contract and in tort, a passive breach of contract usu. did not give rise to a tort claim. Cf. active breach of contract. [Cases: Contracts 315. C.J.S. Contracts § 561.]


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