Anticipatory repudiation occurs in contracts where one party to a contract thinks the other side is going to breach the contract. For example, the seller of real estate may say that they are refusing to go through with the sale before the actual closing date. It can apply is most any contract setting like real estate, business, commercial, employment and others. So, what is it and what can you do? Anticipatory Repudiation While an actual breach of contract cannot occur until the time for performance has arrived, an anticipatory repudiation of the contract, or anticipatory breach, occurs before performance is due under the contract. City of Solano v. Vallejo Redevelopment Agency (1999) 75 Cal.App.4th 1262, 1275-1276. A party anticipatorily breaches a contract expressly by unequivocally refusing to perform, or impliedly by conduct where the party makes substantial performance of his promise impossible. Id at 1275-1276; Taylor v. Johnston (1975) 15 Cal.3d 130, 137. If the other par
Posted on: Mon, 19 Jan 2015 19:48:26 +0000
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