A breach of a contract can take many different forms, for example: a failure of a contracting party to perform services under the contract; a defect in some goods or products delivered under the contract; or a breach of some assurance given by one of the contracting parties.
Most contracts written by lawyers include termination clauses, and most termination clauses include a provision allowing termination upon breach. Commonly, termination will not be permitted in the case of trivial breaches, as opposed to material or fundamental breaches. However, even the more serious types of breach might not create an immediate right of termination. It is usual for contracts to specify that, if a breach is remediable, then the party in breach will be given an opportunity to remedy the breach before the other party can terminate.
The purpose of this letter template is to help with the production of a notice requiring that a subsisting breach of contract be remedied.
In the template letter, you first need to identify the contract in question and the provision of the contract that has been breached. You then need to clarify the circumstances that constitute the breach, taking care to ensure that they fall within the relevant provision. Finally, you should spell out the consequences of a failure to remedy: typically, this will trigger a right to terminate.
The termination of a contract, and for that matter the purported termination of a contract, can give rise to considerable liabilities; you should therefore take specialist legal advice if you are in any doubt regarding your termination rights or the consequences of termination.