Termination & Disputes

Notice of Breach of Contract

A Notice of Breach of Contract formally notifies the other party that they have violated the agreement. A required step before claiming damages or terminating a contract.

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What this document covers

Both parties' details
Reference to the breached contract
Specific clause(s) breached
Description of the breach
Remedy required to cure the breach
Cure period (deadline to remedy)
Consequences if breach is not remedied
Governing law clause

Frequently Asked Questions

Why do I need to send a notice of breach before terminating a contract in Kenya?
Many contracts require a notice of breach (sometimes called a cure notice) giving the defaulting party an opportunity to remedy the breach before the innocent party can terminate. Terminating without this notice can itself constitute a repudiation of the contract, weakening your legal position.
What should a notice of breach of contract include?
Identify the specific contract clause breached, describe the breach clearly, state what remedy is required (e.g. payment of the overdue amount, delivery of the outstanding work), set a reasonable cure period (typically 7–14 days), and warn that the contract will be terminated or legal proceedings commenced if the breach is not cured.
Is a notice of breach required in common law countries?
In most common law jurisdictions, a notice of breach is not always a strict legal requirement for immediate termination of a repudiatory breach, but it is strong commercial practice and is often required by the contract itself. Courts expect parties to have communicated clearly before escalating.