A party injured by the other party's anticipatory repudiation of a contract has the right to bring suit at the time of the repudiation without waiting to see if there will be proper performance when due .

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Anticipatory repudiation occurs when one party to a contract indicates to the other party that they will not perform their obligations under the contract. This gives the other party the right to bring a lawsuit immediately, without waiting to see if the repudiating party will actually fail to perform. This is because the indication of non-performance is itself a breach of the contract.

A Party Injured by the Other Party's Anticipatory Repudiation of a Contract