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 ?
This is similar too the English common-law doctrine of anticipatory breach.
Some concepts of English law, such as undue influence, anticipatory breach and the remedy of rescision for breach of contract have been imported into Scots law from English, and usefully so.
4th DCA 1989) ("To obtain damages for anticipatory breach of contract, the purchaser must also show that he was ready, willing, and able to perform the contract.
In such a volatile climate, admitting that your business cannot or will not continue to act in accordance with the terms of a contract could be used as evidence of anticipatory breach and result in your business facing a claim for breach of contract.
52009U, 873 NYS2d 232 (Civil Court, Kings County, 2008) which held that an insurance carrier's denial of a claim before the expiration of the 30-day pay or deny provision of the regulations constituted an anticipatory breach of the insurance contract, allowing a health care provider to commence a lawsuit within 6 years after the claim became overdue.
Lawyers for the heirs moved to dismiss the lawsuit on grounds that the claims cited by the Academy -- anticipatory breach of contract and breach of equitable servitude -- applies to land and not to personal items like statuettes.
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.