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.
Xcorporeal has previously filed a demand for arbitration alleging that NQCI has effected an anticipatory breach of the License Agreement.
They are: (1) breach of contract, (2) anticipatory breach of contract, (3) negligent inducement, (4) breach of fiduciary duty, and (5) declaratory relief.
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.
has filed a lawsuit alleging breach and anticipatory breach of a commercial contract.
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.