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 ?
That agreement, announced November 29, 2001, was canceled by FirstEnergy on August 8, 2002, because of the anticipatory breach of certain obligations in the agreement by NRG's affiliate, NRG Able Acquisition LLC.
5 billion based on an anticipatory breach by an NRG affiliate of certain obligations in the sales agreements.
The Company's lawsuit follows the anticipatory breach of the agreement by the purchaser when the purchaser stated in its legal petition that it had no intention of performing its contractual obligations required under the terms of the asset sale agreement entered into in June 1999.
today notified NRG Energy and its NRG Able Acquisition LLC affiliate that the agreements to sell four power plants to the Minneapolis, Minnesota-based company have been canceled because of the affiliate's anticipatory breach of certain obligations in the agreements.
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.
On March 16, MCHCP voluntarily dismissed its suit against RightCHOICE, which had accused the insurer of anticipatory breach of contract and tortious interference with MCHCP's members.
com is in anticipatory breach of its obligations under a software license agreement among Manugistics and VirtualFund, Inc.