Everything I find says that to be illegal, something must be against the law, and that a contract is not law, so the word "illegal" doesn't apply to breach of contract because it's private.
There is a difference between illegality and criminality however -- e.g. breaking the speed limit is illegal but it doesn't reach criminal, as one source uses as an example.
In fact, in the UK, apart from a tiny number of civil matters used in criminal law, breaking the law (ie doing something illegal) is always a criminal offence.
For example, in the US there's criminal and civil cases. You can't be incarcerated for losing a civil suit, unless you don't pay whatever judgement the court discerns (which is considered criminal contempt of court).
In the US the difference also comes into play in terms of who can bring certain charges against you. If you were to sue someone, you can't sue them for assault and battery or homicide, because these are considered criminal charges and only the District Attorney / the government can bring these charges against someone. In this case, there are typically parallel civil remedies you can sue for, such as "wrongful death" and "emotional distress" which is strictly to recuperate financial loss.
A breach of contract is against, and has remedies provided under, the law of contracts..
> A contract is not law
No, but the law of contracts is law.
contract law is the body of precedent and collective set of laws related to the legality, construction, execution and all around use of contracts, and while I’m sure there are some specific extra laws that make breach of certain types of contracts a misdemeanour or felony. Generally speaking in most jurisdictions around the world in fact, breach of contract is a civil law matter between the parties of the contract, and settlement of the civil law side of the “is this actually a breach of contract” is usually necessary first before any potential criminal liability can be applied.
An example: An contract can be invalidated for lack of sufficient consideration offered (peppercorn isn’t always enough to make it valid)… this makes the contract void, not illegal. This is a simple example but it illustrates the basic point well, and I’m not trying to write a legal theory essay while on the way to work.
there is contract law, but breaking contract law is not illegal. a tort for example, is a tort, not a crime.
And all the discussion I can find online say breaking a contract doesn't fall under the definition of "illegal".
Do you have an authoritative source that defines it otherwise?
We had a situation where we chose to breach since IBM contract was abusive and not really enforceable. They never complained, despite threats.