Anticipatory Breach

Share on Facebook Share on Twitter Email
Barron's Business Dictionary:

Anticipatory Breach

Top
Breaking a contract before the actual time of required performance. It occurs when one person repudiates his contractual obligation before it is due, by indicating that he will not or cannot perform his contractual duties.

Previous:Anticipated Holding Period, Answer, Annuity in Advance
Next:Antitrustacts, Antivirus Software, Apartment
Barron's Law Dictionary:

Anticipatory Breach

Top
(of contract) a breach committed before the arrival of the actual time of required performance. It occurs when one party by declaration repudiates his contractual obligation before it is due.
The repudiation required is “a positive statement indicating that the promisor will not or cannot substantially perform his contractual duties.” Restatement (Second) Contracts §318(a); See U.C.C. §2-610. In the case of a bilateral contract, the aggrieved party may urge the repudiating party to perform without giving up the right to claim a present breach. Restatement (Second) Contracts §320; U.C.C. §2-610(b). If, however, the repudiating party withdraws his repudiation before there has been a material change in position, the repudiation will be nullified. Restatement (Second) Contracts §319; U.C.C.
§2-611. A repudiation will justify a demand by the aggrieved party for an “assurance of performance” under U.C.C. §2-609. Where the anticipatory repudiation is by the party’s conduct rather than by declaration it is called voluntary disablement. Thus, in a contract for the sale of land the seller breaches through voluntary disablement if he transfers land to a third party during the executory interval before performance is due on the first contract.
In some jurisdictions no distinction is drawn between the two forms of preliminary breach.
Top

In contract law, an action that shows a party's intention to fail to perform or fulfill its contractual obligations to another party. An anticipatory breach negates the counterparty's responsibility to perform its requirements under the contract. By demonstrating a party's intention to breach, the counterparty may also begin legal action.

Also referred to as an "anticipatory repudiation."

Investopedia Says:
An anticipatory breach occurs when a party demonstrates its intention to break a contract. However, vocal or written confirmation is not required, and failure to perform an obligation in a timely matter can result in a breach. By declaring an anticipatory breach, the counterparty may begin legal action immediately rather than waiting until a contract's terms are actually broken.

For example, if Company A refuses to pay substantial interim payments to Company B, Company B can begin legal action due to anticipatory breach. Company B could also stop performing its contractual obligation, potentially saving time and or money.

Related Links:
Understanding your contract can help you protect our family's financial security. Exploring Advanced Insurance Contract Fundamentals
Learn how to read one of the most important documents you own. Understand Your Insurance Contract
Understanding your contract can help you protect our family's financial security. Exploring Advanced Insurance Contract Fundamentals
Learn how to read one of the most important documents you own. Understand Your Insurance Contract


Post a question - any question - to the WikiAnswers community:

Copyrights: