active breach of contract

glossary /

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 ¡ì 561.]

What is the legal equivalent of the term active breach of contract in Chinese?
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