Contract Breach

A contract breach is not a different wrong. The name comes from systems that make a contract a promise that binds. With the transfer of ownership, no wrong is left for the name to show. If a Contract moved ownership and the holder keeps the thing back, that is Theft, and the new owner is the victim. The repair is Restitution: give back the property, or its value, together with each transfer that the contract set for a failure. If the condition for the transfer did not occur, no ownership moved. Thus the holder took no thing, and no person has a claim. If the parties set a transfer of value on failure, that transfer is also conditional, and it moves on its own terms. An agent who cannot give the thing took no thing. Only an agent who can give the thing and refuses does Theft. Renegotiation is not a breach, because renegotiation requires consent from all parties.