anticipatory breach

anticipatory breach
anticipatory breach see breach 1b

Merriam-Webster’s Dictionary of Law. . 1996.

anticipatory breach
When a party to a contract declares that he or she will not be performing his or her contractural obligations, either by word (for example, "I won't deliver the rest of the goods") or by action (for example, not showing up with goods or stopping payment). The result is that the other party to the contract is excused from having to complete his or her obligations under the agreement. Anticipatory breach is often a defense to a lawsuit for payment or performance on a contract. One cannot repudiate one's obligations and demand that the other person perform.
Category: Business, LLCs & Corporations

Nolo’s Plain-English Law Dictionary. . 2009.

anticipatory breach
A breach of contract whereby one party repudiates the contract before performance is due, by indicating its intention not to perform its obligations. As a result the other party can accept the repudiation and choose to be no longer bound by the contract.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

anticipatory breach
n.
   when a party to a contract repudiates (reneges on) his/her obligations under that contract before fully performing those obligations. This can be by word ("I won't deliver the rest of the goods" or "I can't make any more payments") or by action (not showing up with goods or stopping payments). The result is that the other party does not have to perform his/her obligations and cannot be liable for not doing so. This is often a defense to a lawsuit for payment or performance on a contract. One cannot repudiate his obligations and demand that the other person perform.
   See also: breach, contract

Law dictionary. . 2013.

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