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What are the differences between actual breach and anticipatory breach of contract?
Wiki User
∙ 9y ago
Breach of contract is where one party to a contract fails to abide by a contractual obligation. This occurs after the obligation to perform a certain act comes due. I.e., I give you $20 and you will give me your Basketball by Friday. Friday comes and goes, and you didn't give me your basketball. Breach of contract.
Anticipatory breach is where one party makes a clear, unequivocal statement to the effect that he will not perform his contractual obligations. This occurs before the deadline to perform occurs. To use the stupid basketball example above, if you tell me on Thursday, "There's no way in hell I'm giving you that basketball tomorrow. Want your $20 back? Sue me! Ha!" That would be an anticipatory repudiation of the contractual obligation to give me the basketball on Friday. Even though you're telling me on Thursday, before your obligation to give me the ball comes due (on Friday), I have the right to treat it as an actual breach of contract and sue.
Of course, with anticipatory breach, if you retract your repudiation before the deadline to perform rolls around, you are OK - provided that I have not done anything in reliance on your anticipatory repudiation. I.e., Thursday you tell me there's no way you're giving me that basketball, but then Thursday night you say, "I take it back. You'll get your ball tomorrow." That would make you no longer in breach - as long as I did not rely on the breach and go out and buy a new basketball or something.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoA breach by anticipatory (anticipatary breach) is an uniquivocal indication that the party will not perform when perfomance is due or situtation in which future non-performance is in-evitable. An anticipatory breach gives the non-breaching party the option to treat such a breach as immediate and if repudiatory to terminate the contract and sue for damages (without waiting for the breach to actually take place. Other kinds of breach: Material breach. Fundamental breach. Minor breach. - krithika
Wiki User
∙ 8y agoActual breach means that they have failed to deliver or execute their obligations. Anticipatory breach is when you realize that the other party cannot comply with their obligations and you take steps to protect yourself.
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