anticipatory breach of contract


anticipatory breach of contract
The assertion by a party to a contract that he or she will not perform a future obligation as required by the contract. Such occurs when a party to an executory contract manifests a definite and unequivocal intent prior to time fixed in contract that it will not render its performance under the contract when that time arrives, and in such a case the other party may treat the contract as ended. Leazzo v. Dunham, 95 Ill.App.3d 847, 51 Ill.Dec. 437, 440, 420 N.E.2d 851, 854.
The right of one party to a contract to sue for breach before the date set for performance when the other party conveys his intention not to perform (U.C.C. No. 2-610), though the repudiating party may retract his repudiation prior to date for performance if the other party has not acted on the repudiation (U.C.C. No. 2-611).
Some jurisdictions require the aggrieved party to wait for the date for performance before commencing suit

Black's law dictionary. . 1990.

Look at other dictionaries:

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