anticipatory breach
Học thuậtThân thiện
A company declares it will not deliver the goods as promised, constituting an anticipatory breach.
Definition
- Noun:
- A breach of contract committed prior to the time of required performance: This is a legal term for when one party to a contract clearly and unequivocally indicates, through words or actions, that they will not perform their contractual duties when the time for performance arrives. The breach occurs at the moment of this repudiation, not at the future performance date.
Usage
- The term is used in legal and contractual contexts to describe a specific type of contract violation. It allows the non-breaching party to take immediate legal action for remedies, rather than waiting for the actual performance date to pass.
Examples
- Noun:
- The supplier's announcement that it would not deliver the materials constituted an anticipatory breach, allowing the manufacturer to sue immediately.
- By selling the unique asset to a third party, the seller committed an anticipatory breach of the exclusivity agreement.
Advanced Usage
- "To treat a statement as an anticipatory breach": To formally accept another party's repudiation as a breach of contract.
- Upon receiving the buyer's refusal to pay, the seller chose to treat it as an anticipatory breach and terminated the contract.
Variants and Related Words
- Anticipatory repudiation (n): A synonymous legal term often used interchangeably with "anticipatory breach."
- Repudiation (n): The act of refusing to fulfill a contract or obligation; the core action that defines an anticipatory breach.
Synonyms
- Repudiation of contract: The act of renouncing or rejecting the contract before performance is due.
- Constructive breach: A breach inferred from a party's actions showing an inability or unwillingness to perform.
Related Legal Doctrines and Phrases
- Right to suspend performance: Upon an anticipatory breach, the non-breaching party often has the right to suspend their own performance.
- Mitigation of damages: The non-breaching party has a duty to take reasonable steps to minimize the losses caused by the anticipatory breach.
A company declares it will not deliver the goods as promised, constituting an anticipatory breach.
Noun
- a breach of contract committed prior to the time of required performance