OT - GNU Contract Law Theory: ANTICIPATORY REPUDIATION

[Alexander Terekhov]

On 8/28/07, Chris Travers <chris at metatrontech.com> wrote:
[...]
> > http://en.wikipedia.org/wiki/Breach_of_contract#Anticipatory_breach
> >
> > ------
> > Anticipatory breach
> >
> > A breach by anticipatory repudiation (or simply anticipatory breach)
> > is an unequivocal indication that the party will not perform when
> > performance is due, or a situation in which future non-performance is
> > inevitable. An anticipatory breach gives the non-breaching party the
> > option to treat such a breach as immediate, and, if repudiatory, to
> > terminate the contract and sue for damages (without waiting for the
> > breach to actually take place).
> > ------
> >
> > hmmm.
> >
> Nice try.  Please do some research before posting this sort of thing:
> http://dictionary.law.com/default2.asp?selected=2409

What is your point?

Anticipatory Repudiation (Breach)

1. Anticipatory Repudiation is a definite and unequivocal
manifestation of unwillingness or inability to perform a material
executory portion of a contract in which both parties have material
obligations remaining to be performed

a. must be definite and unequivocal

b. repudiated duty must be material

c. material bilateral duties remaining to be performed by both parties
(no anticipatory repudiation of unilateral contract, or of a bilateral
contract where one party's obligations already substantially
performed)

2. Effect of Anticipatory Repudiation

a. Aggrieved Party may bring an immediate action for breach, or wait
for repudiating party to perform

b. Aggrieved Party is discharged from further performance of its own
remaining obligations and may declare contract terminated

regards,
alexander.