A breach of contract occurs when one party in a binding agreement fails to deliver according to the terms of the agreement. A breach of contract can happen in both a written and an oral contract.

2.  In general, the term contract means legally binding agreement
reached between two partners and it should contain terms over
which courts have the authority and obligation to enforce.
 A contract is breached or broken when any of the parties fails or
refuses to perform its promise under the contract. Breach of
contract is a legal cause of action in which a binding agreement is
not honored by one or more parties by non-performance of its
promise by him renders impossible.

3. Fundamental Breach of Contract
 In today‟s globalized world, thousands of companies engage in business
which involves millions of consumers. Thus, it would be difficult for these
companies to draw up separate contract withevery individual, they came
out with Standard Form Of Contract, whereby a standard form witha large
number of terms and conditions are there restricting the liability of the
party to the contract.The individuals can hardly bargains with the massive
organizations and therefore theonly option available to them is either to
accept it or reject it.
 The doctrine of "Fundamental Breach" in the Law of Contract has
developed mainly in the areas of sale (and hire-purchase), bailment and
carriage. In the last two areas,

4. Breach of Contract - Position in
India
 Whilst there is no express statutory bar in India against contractually
excluding or limiting liability for damages, Section 23 of the Contract
Act provides that the consideration or object of an agreement is unlawful
inter alia if it is of such a nature that, if permitted, it would defeat the
provisions of any law or if the court regards it as immoral or opposed to
public policy. An agreement whose object or consideration is unlawful is
deemed to be void.
 In the case of contracts where parties are found to have unequal
bargaining power, it is important to be wary of the possibility that courts
may refuse to enforce clauses excluding or limiting liability, which are
found to be unconscionable. In 1986, the Supreme Court introduced to
India the principle that courts will not enforce an unfair or unreasonable
contract or an unfair or unreasonable clause in a contract, entered into
between parties who are not equal in bargaining power.

5.  An agreement undergoes through a tunnel before blooming
into a contract. They are best thought of in a timeline,
where the inception of formation begins with negotiations
and witness modifications before a final consensus is
reached. There can be certain weak spots in between this
process or after the effectuation where the contract can be
‘breached’.
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