This article reviews the cases and basic legal principles applicable to these three types Therefore, the favored common law remedies for breach of contract are of claims for breach of construction contract involve cases where a contractor Breach of Contract. A breach of contract is a failure to fulfill duties under the contract terms. This article discusses contract formation, oral and written contracts, when a contract has been breached, and the remedies for a breach of a contract. 3. Breaching an Employment Contract Macy's Sues Martha Stewart for Breach of Contract. Macy's is suing Martha Stewart Living Omnimedia for breach of contract by agreeing to sell certain products through J.C. Penney that Macy's considered exclusive. J.C. Penney bought a minority stakein the domestic diva's company for $38.5 million in December.