Another way for a contract to be terminated is for one or more parties
to breach the agreement so completely that the other parties are
relieved of their duties to perform.
If you contract to have your house painted and the painter completely
fails to perform the job, then you are relieved of your promise to pay.
Most breaches are not so clear-cut, of course. Usually if one party
believes the other is not living up to its duties, the party in default will
be notified of its shortcomings and a period of negotiation and compromise
will follow. The sample listed next is a notice given by one
party to another that the latter is not living up to a promise.
NOTICE OF BREACH OF CONTRACT
September 12, 2008
To: Bartholomew Simpson, d/b/a B.S. Painting
We refer to a contract dated ____________________________ (the “Contract”) pursuant to which you
have obligated yourself to _________________________.
You have breached your duties under the Contract in that you have failed to ____________________.
We demand that you cure such default promptly. In the event that you fail to do so within seven
days of the date of this letter, we will refer the matter to attorneys for immediate action.
Fred Jackson, President
Fred’s Appliance Warehouse, Inc.