anticipatory breach of contract

anticipatory breach of contract

where a party to a contract intimates, or it becomes clear, that he is not going to perform on the due date, then there is said to be anticipatory breach. The difficulty is that the innocent party could, in many cases, in the time available mitigate his loss by finding another to perform. The unfortunate thing about that would be that the contract-breaker would escape liability. It is accepted that the innocent party may decline to accept the repudiation and instead sue on the due date, when, of course, the losses may be higher than at the anticipatory date. The most dangerous thing about the doctrine for a contract-breaker is the rule that a party may completely ignore the breach and himself perform on the due date, assuming he does not require the contract-breaker's assistance in so doing, and then sue for the obligations under the contract. The benefit of this course is that the claim is one for a due debt, not for damages, and there is therefore no need to mitigate loss. See also CANCELLATION.
References in periodicals archive ?
23, Anticipatory Breach, also falls within that group, and is given if the plaintiff claims anticipatory breach of contract to prove that the defendant indicated he or she "would not or could not perform the contract" and that plaintiff was "willing and able to perform the contract.
Rather, the 2002 notice was an anticipatory breach of contract.
4th DCA 1989) ("To obtain damages for anticipatory breach of contract, the purchaser must also show that he was ready, willing, and able to perform the contract.
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 are: (1) breach of contract, (2) anticipatory breach of contract, (3) negligent inducement, (4) breach of fiduciary duty, and (5) declaratory relief.
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.
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 suit was filed for Breach of Contract, Anticipatory Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, and Fraud.