At common law, any failure by the promisor to perform as contracted is grounds for the promisee to declare a breach.

Name: At common law, any failure by the promisor to perform as contracted is grounds for the promisee to declare a breach.
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At common law, not every failure by the promisor to perform as contracted is automatically considered a breach. The failure must be a material breach, which is a failure that goes to the essence of the contract and undermines the purpose of the agreement.

At Common Law, Any Failure by the Promisor to Perform