anticipatory breach

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Related to Anticipatory repudiation: material breach, Frustration of purpose

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noun

Synonyms for anticipatory breach

a breach of contract committed prior to the time of required performance

Synonyms

constructive breach

Related Words

breach of contract

References in periodicals archive ?

The rule of law followed by the district court is correct in that the respondents are able to bring suit on the anticipatory repudiation, but is incorrect in allowing recovery when they are unable to prove that they could have performed....

3d DCA 2014) (discussing remedies available for anticipatory repudiation in a "first to breach" analysis).

First to Breach? Not So Fast Navigating Florida's Prior Breach Doctrine

(11) This type of ex ante declaration of an intention to deviate from the state's promised behavior bears the most similarity to the doctrine of anticipatory repudiation, under which a party repudiates its contractual duties before the time for performance arrives, (12) Before exploring the analytical utility of anticipatory repudiation, (13) it may be worthwhile to explore a simpler concept in governing contract-based relationships.

Breach of contract discussions are most squarely related to Withdrawing in the context of anticipatory repudiation, since, like in the proposal stated in Withdrawing, the would-be departing party declares its intention to depart from its binding obligations prior to actual departure.

Disintegrating customary international law: reactions to withdrawing from international custom

A comparative fault analysis, therefore, should focus on the rules governing anticipatory repudiation: the more likely that the promisee's behavior is contributing to the losses from breach, the more likely a court should be (1) to find that the actions of the promisor constitute a repudiation of the contract, and (2) to invoke at that time the doctrine of avoidable consequences and the promisee's mitigation responsibility.

In (partial) defense of strict liability in contract

If adequate assurance is not received, should the seller/creditor exercise anticipatory repudiation under UCC Section 2-610?

No good deed goes unpunished; weighing the exercise of prudent collection techniques against future preferential exposure

The actual drama caused by the invocation of two of these remedies, adequate assurance and anticipatory repudiation, was illustrated in a recent dispute and subsequent court decision involving American Axle & Manufacturing, Inc.

Adequate assurance and anticipatory repudiation in the supply chain

A supplier must cautiously proceed with respect to anticipatory repudiation, which is deemed to have occurred when the statements or actions are unequivocal, definite and final, or where an action reasonably indicates a rejection of continuing obligations.

Navigating turbulent waters: a checklist of the tools provided by the uniform commercial code

Well, the concept of anticipatory repudiation is not quite as dramatic or messy, but some analogies can be drawn.

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