Under the New Hampshire Uniform Commercial Code a breach is said to have occurred in the following circumstances:
- Where either of the parties fails to perform any promise, whether wholly or partly that forms part of the contract.
- The losses or damages arising from such violation of promise are material and significant.
- Where there is a possibility of an anticipatory breach of contract by a party which can result in loss or damage.
- Where either of the party has disabled himself from the performance of the contract or has caused a situation that makes it impossible for the contract to take place.