Which of the following is true of anticipatory breach?
A) It occurs when a contracting party fails to inform the other party in advance about non-performance 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 till performance is due to sue the breaching party.
D) It 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 a party indicates that they will not perform their contractual duties before the performance is due. This can be derived from the conduct of the breaching party without expressly stating so. The nonbreaching party can consider the contract terminated and sue for damages immediately instead of waiting until performance is due. Therefore, option D is the correct answer. The other options are either partially correct or incorrect.

Which of the Following Is True of Anticipatory Breach