Breach of Covenant Law and Legal Definition

Breach of covenant refers to the violation of an express, or implied, condition of a contract to do or not to do something. It is the violation of a covenant by an act or omission, depending upon whether the duty prescribed by the covenant is one of action or refraining from an act. The general common law rule in assigning breach of covenant, is to negative the covenant.

In assigning a breach of covenant it is sufficient to state that the possession of plaintiff has been interrupted by some lawful title which existed at the time of the conveyance to the covenantee, and it is not necessary to set out that title particularly. [Mills v. Rice, 3 Neb. 76 (Neb. 1873)].