Legal Word of the Day: “Anticipatory Breach”


“Anticipatory Breach” – In contract law, this occurs where one party to a contract repudiates the contract before performance is due.

When there is an anticipatory breach — a party to a contract indicates by words, deeds or actions to the other party that they intend not to fulfill their contractual obligations — the other party may consider the contract to be terminated, rescind the contract or sue for performance.

An anticipatory breach discharges the innocent party of its obligations under the contract and allows it to pursue damages.

Judicial interpretation and discussion:

Pompeani v. Bonik Inc., 1997 CanLII 3653 (ON CA), [1997]

Kirshenblatt v. Kriss, 2012 ONSC 6568 (CanLII) — 2012-11-21

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