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anticipatory breach

   Also found in: Dictionary/thesaurus, Financial, Wikipedia 0.01 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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Lawyers for the heirs moved to dismiss the lawsuit on grounds that the claims cited by the Academy -- anticipatory breach of contract and breach of equitable servitude -- applies to land and not to personal items like statuettes.
They may be deprived of their right to sue for damages where a subsequent event renders contractual performance impossible between the date of accepting the anticipatory breach and the date fixed for performance under the contract.
The evidentiary exclusion also will not apply if the cause of action is being brought on the basis of anticipatory breach or repudiation[14] of a contract against the party making the year 2000 readiness disclosure.
 
 
 
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