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Anticipatory breach

Unequivocal repudiation of a contract, before the commencement of its performance. An anticipatory breach gives the aggrieved party an immediate legal right to sue for damages as if it were a fundamental breach of contract, and releases it from its obligations under the contract. Two types of anticipatory breaches are: (1) Express repudiation, a clear refusal by a party to perform a contract. (2) Implied repudiation, an act of a party that puts the performance of a contract out of its own power to perform (such as when a party sells off its tools or other assets required in performance of the contract). Also called anticipatory repudiation.

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  • Part of Speech: noun
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  • Industry/Domain: Law
  • Category: Contracts
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