active breach of contract

Civil law. The negligent performance of a contractual obligation, to the point of acting outside the contract’s terms.

• Under Louisiana law before 1984, active breach of contract was contrasted with passive breach of contract, which was a failure to perform the obligations created by the contract. Unlike a passive breach, an active breach of contract could give rise to a claim in contract and in tort. The distinction was abolished in 1984. Cf. passive breach of contract. [Cases: Contracts 312. C.J.S. Contracts § 561.]

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词条贡献者

译者Lynn，毕业于法国顶尖的高级翻译学院，擅长翻译各种与涉及美国证券法的诉讼和调查（包括告密者调查）相关的法律文件。