anticipatory breach

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Anticipatory Breach

In contracts, a declaration in which one party stops performing his/her obligations. The Uniform Commercial Code specifies how one may calculate damages in a lawsuit resulting from an anticipatory breach.

anticipatory breach

An affirmative statement or action indicating that a party has no intention of honoring his or her contractual commitments.This is important because one cannot ordinarily bring a lawsuit until there has been an actual breach of a contract.For tactical or other reasons, it may be important to avoid delays.If there has been an anticipatory breach, the aggrieved party may bring suit immediately.

References in periodicals archive ?
In response, the government argued that the anticipatory breach should be treated as a constructive termination for convenience.