When an anticipatory repudiation occurs, it is treated as a material breach of a contract.

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When one party to a contract clearly and unequivocally communicates to the other party that they will not perform their contractual obligations before the time for performance arrives, it is an anticipatory repudiation. Such repudiation is treated as a material breach of the contract, giving the non-breaching party the right to sue for damages or terminate the contract.

When an Anticipatory Repudiation Occurs, It Is Treated as a Material