{"id":11538,"date":"2017-12-25T04:37:15","date_gmt":"2017-12-25T04:37:15","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11538"},"modified":"2017-12-25T04:37:15","modified_gmt":"2017-12-25T04:37:15","slug":"anticipatory-breach-a-breach-of-contract-caused-by-a-partys-unequivocal-indication-that-the-party-will-not-perform-when-performance-is-due-the-nonbreaching-party-may-elect-to-treat-the-rep","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11538","title":{"rendered":"Anticipatory Breach – a breach of contract caused by a party\u2019s unequivocal indication that the party will not perform when performance is due; the nonbreaching party may elect to treat the repudiation as an immediate breach and sue for damages"},"content":{"rendered":"

anticipatory breach<\/span>:<\/span>
\n<\/strong>(1889)<\/span><\/p>\n

1. A breach of contract<\/a> caused by a party\u2019s anticipatory repudiation, i.e., unequivocally indicating that the party will not perform when performance is due.\u00a0 *\u00a0 Under these circumstances, the <\/strong>nonbreaching party may elect to treat the repudiation as an immediate breach<\/a> and sue for damages. <\/strong>\u2014 aka breach by anticipatory repudiation<\/strong><\/em><\/span>; breach by renunciation<\/strong><\/em><\/span>; constructive breach<\/strong><\/em><\/span>. See anticipatory repudiation<\/em> under REPUDIATION. [1]<\/span><\/p>\n

1. A breach of contract<\/a> committed before the time for performance has arrived, being the outcome of words or acts evincing an intention to refuse performance in the future, that is words or acts in repudiation or renunciation of the contract.\u00a0 17 Am J2d Cont \u00a7\u00a7 448, 449<\/span>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 A good illustration of the application of the doctrine appears in the law of sales and contracts to sell.\u00a0 46 Am J1st Sales \u00a7 194<\/span>.<\/strong> [2]<\/span><\/p>\n

1. The announced intention of a party to a contract that she does not intend to perform her obligations under the contract; an announced intention to commit a breach of contract<\/a>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 Compare repudiation of contract. <\/em>[3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from P.S. Atiyah’s An Introduction to the Law of Contract<\/em><\/a> (3d ed. 1981):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cA repudiation by one party may occur before the time for performance has arrived.\u00a0 Such a repudiation is called an anticipatory breach, and it gives the innocent party the <\/span><\/strong>option of treating the contract<\/a><\/span> as terminated at once and suing for damages immediately if he chooses or, alternatively, of waiting until the time of performance has arrived, and then again calling on the other party to perform.\u00a0 Should he choose the latter course he runs the risk that the contract<\/a> may possibly become frustrated in the interim, in which case he will have lost his right to damages.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

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[1]: Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/a><\/span><\/strong> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations<\/b><\/span><\/em>
\n<\/span><\/em><\/a>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine’s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/a> <\/b><\/span><\/em>by Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]: P.S. Atiyah, An Introduction to the Law of Contract<\/em><\/a> 298 (3d ed. 1981)<\/span><\/strong><\/p>\n

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