What is an anticipatory breach of contract?

An anticipatory breach of contract occurs when one party to a contract indicates they will not perform as agreed. Such a breach occurs before the contract period has expired. This type of breach is also known as an anticipatory repudiation and is commonly seen in employment contracts, sales contracts, real estate contracts, and other commercial agreements. In Mississippi, an anticipatory breach of contract entitles the non-breaching party to seek legal remedies. If the breach is material, the non-breaching party may be allowed to rescind the contract. Alternatively, the non-breaching party can sue for damages for the losses they incur as a result of the breach. To prove an anticipatory breach of contract in Mississippi, the non-breaching party must demonstrate that the breaching party clearly communicated that they were breaking the contract in some way, such as through a written or verbal statement or another type of action that indicates the intent not to perform. The laws governing contracts in Mississippi are highly complex. If you believe that you have suffered damages due to an anticipatory breach of contract, it’s important to seek the advice and counsel of an experienced attorney. An attorney can review the facts of your case and explain your rights and available remedies in light of Mississippi law.

Related FAQs

What is the effect of a breach of contract?
What is a condition precedent?
What is a mutatis mutandis clause?
What is the parol evidence rule and why is it important?
What is the effect of illegality in a contract?
What is a breach of contract?
What is the termination of a contract?
What is an assignment of rights?
What is a material breach of contract?
What are the defenses to a breach of contract?

What is an anticipatory breach of contract?

Related FAQs

Related Blog Posts