Without Violation Of This Agreement
Violation is a legal and form of civil fault in which a binding agreement or negotiated exchange between one or more contracting parties is not rewarded by non-compliance or interference with the performance of the other party. A violation occurs when a party does not fulfill all or part of its contractual obligation, or expresses its intention to fail the undertaking or does not appear to be able, by other means, to fulfil its contractual obligation. In the event of a breach of contract, the damage suffered must be paid by the offence to the victim. Suppose an owner hires a contractor to install new sanitary facilities and insists that the pipes that will eventually be hidden behind the walls must be red. Instead, the contractor uses blue tubes that work just as well. Although the contractor has breached the terms of the contract, the owner cannot require a court to replace the blue tubes with red tubes. The owner can only recover the amount of his actual damages. In this case, it is the difference in value between the red tube and the blue tube. Because the color of a tube does not affect its function, the difference in value is zero. As a result, no damage was caused and the owner would receive nothing (see Jacob – Youngs v. Kent.) Different forms of words are used by the courts to express this central concept.
The most important question is whether the offence is at the root of the treaty. These forms of words are simply different ways of expressing the test “essentially the whole advantage”.  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. in accordance with the refusal. 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. There are different forms of confidentiality agreements that are restrictive, from “less” to “most.”