An offence occurs when one or both parties do not fulfill their part of a contract. Not all offences are equal. Essential offences are at the heart of the agreement, while intangible offences do not affect the main purpose of the contract. A waiver (usually referred to as an offence or anticipated offence) is a clear indication that the party does not occur when the benefit is due or a situation in which future non-performance is inevitable. An anticipated offence gives the innocent the opportunity to terminate the contract immediately and sue for damages or wait for the time of the benefit: if the party obliged to the benefit does not meet, if the contract requires it, the innocent can then terminate.   The consequences of a breach of contract occur when a party does not meet one or more of the agreed terms. Breaking a contract can be costly. The financial damage associated with an offence depends on the impact it has on the substance of the treaty – the material damage. Disputes over losses due to performance errors can be costly for both parties. It is important to know the consequences of a breach of contract before proceeding with legal action. Although a fundamental breach of contract was once a test of a serious breach of contract that warranted termination, it is no longer. The test is the one that put for the refusal violation, up. The notion of fundamental violation as a separate legal concept no longer has the force of law.
 It is now simply another term of contract (if used) that must be interpreted as any other term of contract. However, if the colour of the tube had been mentioned as a condition in the agreement, a violation of that condition could constitute a „major“ offence, i.e. a negative one. Simply because a clause in a contract is considered by the parties to be a condition, this is not necessarily the case. Such statements, however, are one of the factors considered in deciding whether it is a condition or a guarantee of the contract. Unlike where the paint of the tubes went to the root of the contract (assuming that the tubes should be used in a room dedicated to works of art related to plumbing work, or dedicated to high-fashion), this would more than likely be a guarantee, no condition.