Legal liability may also arise through breach of contract. An arrangement whereby a leader agrees to take a group on an outdoor activity for a price (i.e. in return for payment) could be a contract, whether written or verbal. Such contractual arrangements may have terms expressed or implied that the leader is competent and experienced, proper equipment will be provided, safe methods of operation used and necessary approvals obtained. Breach of any of these terms may give rise to legal action.

The contractual aspect of an activity should be considered when effecting insurance cover. There can be concurrent or simultaneous liability in both contract and negligence from the same incident.