Contract Law: Anticipatory breach

August 13, 2023

Anticipatory breaches are repudiatory breaches that occur before the time for performance. These occur where one party clearly and unequivocally communicates, either through their words or conduct, that they will not perform their contractual obligations in the future. Thus, they declare their intention not to fulfil their part of the contract. As the time for performance has not yet arrived, the anticipatory breach must be proved in fact. However, anticipatory breaches can be cured by revoking the renunciation or by actually performing as long as the breach remains unaccepted.

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