Mental Element in Breach of Contract

The definition of the term “violation” in the Contracts Act is not conditional on the existence of a mental element of “guilty,” that is, intent, malice, or negligence on the part of the violator.

When we come to determine if there was a violation, we do not ask what the mental state of the violator was. The principled approach of the law is that subject to the principle of good faith, the breach does not require any mental element. Contractual liability is absolute liability, regardless of the wrong or good intention of the violator.

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