What is an anticipatory breach of contract?

An anticipatory breach of contract is a breach of contract that occurs when one party to the contract indicates that they do not intend to meet the obligations of the contract before the contract has been completely performed. In a North Carolina court, an anticipatory breach of contract is generally considered to be a form of material breach, meaning that it is a breach that is significant enough to justify the other party’s decision to not perform any further obligations under the contract. It is important to note that this type of breach does not always have to be in the form of a clear statement of intent, but can also be considered a breach if one party takes an action that indicates their intention to not perform their obligations under the contract. In such cases, the other party can choose to hold the breaching party liable for any costs or damages resulting from the breach.

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