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anticipatory breach

   Also found in: Dictionary/thesaurus, Financial, Wikipedia 0.02 sec.

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 making 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: breach, contract)



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District Court for anticipatory breach of contract.
Etheridge's Superior Court lawsuit filed Wednesday claimed anticipatory breach of contract by Ulrich Peretz, who was allegedly about to break a confidentiality agreement signed when he started working for her in 1989.
Xcorporeal has previously filed a demand for arbitration alleging that NQCI has effected an anticipatory breach of the License Agreement.
 
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