anticipatory breach


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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)

References in periodicals archive ?
In response, the government argued that the anticipatory breach should be treated as a constructive termination for convenience.
Weight Watchers") alleging anticipatory breach by CoolBrands and those subsidiaries of their obligations under a license agreement with Weight Watchers, and making additional related claims.
They are: (1) breach of contract, (2) anticipatory breach of contract, (3) negligent inducement, (4) breach of fiduciary duty, and (5) declaratory relief.
FirstEnergy canceled the agreement with NRG Energy in August of 2002 based on an anticipatory breach of the agreements.
d/b/a Excite Interactive Media Development ("Excite"), a Los Angeles-based video game developer and distributor, announces today that it has filed a lawsuit against SEGA Corporation for anticipatory breach of contract and declaratory relief in the United States District Court for the Central District of California.
The sale was cancelled on August 8, 2002, because of the anticipatory breach of certain obligations in the agreements by NRG Able Acquisitions.
has filed a lawsuit alleging breach and anticipatory breach of a commercial contract.