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anticipatory breach :: legal definition


Anticipatory breach - n. when a party to a contract repudiates (reneges on) his/her obligations under that contract before fully performing those obligations. This can be by word ("I won't deliver the rest of the goods" or "I can't make any more payments") or by action (not showing up with goods or stopping payments). The result is that the other party does not have to perform his/her obligations and cannot be liable for not doing so. This is often a defense to a lawsuit for payment or performance on a contract. One cannot repudiate his obligations and demand that the other person perform.

See also: breach contract and Related Law Terms ↓


Related Law Terms

accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach).
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bargain :: n. 1) a mutual agreement or contract between two p ... o: agreement consideration contract
bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract
bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery.
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge.
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note
earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items.
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed.
repudiation :: n. denial of the existence of a contract and/or re ... also: anticipatory breach contract
rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission
self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities.
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance
surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor
third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary
third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary.
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - A

a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien