anticipatory breach


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  • noun

Synonyms for anticipatory breach

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

References in periodicals archive ?
50) Within hours of that response, the contracting officer terminated the contract for default, explaining that the contractor's response indicated that the contractor will not complete performance unless certain conditions are met, and that "such preconditions constitute an anticipatory breach of the contract.
According to Herdrich's theory of the case, the HMO committed fiduciary breach and constructive fraud by having an arrangement that "rewarded its physician owners for limiting medical care" and that this "entailed an inherent or anticipatory breach of an ERISA fiduciary duty, since these terms created an incentive to make decisions in the physicians' self-interest, rather than the exclusive interests of plan participants.
During the afternoon of January 29,2009, Image formally notified Nyx that its noncompliance constituted a breach of the merger agreement, and an anticipatory breach of the closing of the merger.
As previously reported on March 2, 2006, ACN delivered to Commerce an arbitration demand claim, alleging that Commerce was liable for significant actual, consequential and punitive damages and restitution on a variety of causes of action including anticipatory breach of contract, unjust enrichment, tortuous interference with prospective economic advantage and prima facie tort with respect to alleged future commissions.
They may be deprived of their right to sue for damages where a subsequent event renders contractual performance impossible between the date of accepting the anticipatory breach and the date fixed for performance under the contract.
In the earlier proceeding, the board remanded the case to the parties to determine the amount of damages for the government's anticipatory breach.
Etheridge's Superior Court lawsuit filed Wednesday claimed anticipatory breach of contract by Ulrich Peretz, who was allegedly about to break a confidentiality agreement signed when he started working for her in 1989.
Image notified BTP that such refusal constituted a breach of the merger agreement, and an anticipatory breach of the scheduled February 1, 2008 closing.
Xcorporeal has previously filed a demand for arbitration alleging that NQCI has effected an anticipatory breach of the License Agreement.