Which of the following constitutes a case of anticipatory breach?
A)It occurs when a contracting party fails to inform the other party in advance about nonperformance of his or her contractual duties when due.
B)In case of anticipatory breach, nonbreaching party's obligations under the contract are not discharged.
C)The nonbreaching party must wait until performance is due to sue the breaching party.
D)Anticipatory breach can be derived from the conduct of the breaching party without being expressly stated by that party.

Question

Quizplus · Accepted Answer

Anticipatory breach occurs when one party, through words or actions, indicates that they will not perform their contractual obligations. This can be derived from the conduct of the breaching party without being expressly stated by that party. Therefore, option D is correct. Options A and C are incorrect because in anticipatory breach, the breaching party informs the other party in advance about non-performance of contractual duties. Option B is also incorrect because the non-breaching party has the option to discharge their obligations under the contract in case of anticipatory breach.

Which of the Following Constitutes a Case of Anticipatory Breach