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anticipatory breach


anticipatory breach, defined:

a breach of contract that occurs when one party makes clear, before they are due to perform, that he or she has no intention to meet an obligation under the terms of a contract.

An example of anticipatory breach:

Fergus and Fiona contract with a caterer to provide the food for their upcoming wedding reception. Twelve days prior to the day of the event, the caterer sends a letter stating that the company would not be able to cater the event due to problems with staff. The letter constitutes an anticipatory breach.

anticipatory breach may also be referred to as:

  • anticipatory offense
  • anticipatory breach of contract
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