An anticipatory breach occurs when a party to a contract expresses or clearly implies an intention not to perform to contract, even before being required to act.

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An anticipatory breach, also called a constructive breach, occurs when a party to a contract either expresses or clearly implies an intention not to perform the contract, even before being required to act. The repudiation must indicate a deliberate refusal to perform according to the terms of the contract.

An Anticipatory Breach Occurs When a Party to a Contract