When a party expressly declares before the time for performance arrives that the contract will not be performed, such a declaration is called an anticipatory repudiation.

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An anticipatory repudiation occurs when one party explicitly states before the time for performance arrives that they will not be able to or do not intend to fulfill their contractual obligations. This can give the other party the right to terminate the contract and seek damages for any losses suffered as a result.

When a Party Expressly Declares Before the Time for Performance