Definition non-performance of a contractual obligation which (a) substantially deprives the creditor of what the creditor was entitled to expect under the contract, as applied to the whole or relevant part of the performance, unless at the time of conclusion of the contract the debtor did not foresee and could not reasonably be expected to have foreseen that result or (b) is intentional or reckless and gives the creditor reason to believe that the debtor’s future performance cannot be relied on Reference "Study Group on a European Civil Code & Research Group on EC Private Law. Principles, Definitions and Model Rules of European Private Law; Draft Common Frame of Reference (DCFR), Outline Edition. von Bar, C., Clive, E., Schulte-Nölke, H. et al. (ed.). Sellier, Munich, 2009. http://ec.europa.eu/justice/policies/civil/docs/dcfr_outline_edition_en.pdf [14.3.2011]"
Definition failure to perform an obligation, whether or not excused Reference "Study Group on a European Civil Code & Research Group on EC Private Law. Principles, Definitions and Model Rules of European Private Law; Draft Common Frame of Reference (DCFR), Outline Edition. von Bar, C., Clive, E., Schulte-Nölke, H. et al. (ed.). Sellier, Munich, 2009. http://ec.europa.eu/justice/policies/civil/docs/dcfr_outline_edition_en.pdf [6.4.2011]"
Comment It includes delayed performance and defective performance.