FACTOID # 51: Russia won the first World Air Games, held in Turkey in 1997. Events included hang-gliding, sky-surfing, and ballooning.
 
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Encyclopedia > Anticipatory breach

Anticipatory repudiation (or anticipatory breach) is a term in the law of contracts that describes a declaration by one party (the promissing party) to a contract that they do not intend to live up to their obligations under the contract. Where such an event occurs, the other party (the performing party) to the contract is excused from having to fulfill their obligations. However, the repudiation can be retracted by the promising party so long as there has been no material change in the position of the performing party in the interim. A retraction of the repudiation restores the performer's obligation to perform on the contract. Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...


If the repudiation occurs by the promising party making it impossible to fulfill their promise, then no act by the promising party can restore the performer's obligation to perform on the contract. For example, if A promises to give B a unique sculpture in exchange for B painting A's house, but A then sells the sculpture to C before B completes the job, this act by A constitutes an anticipatory repudiation which excuses B from completing the job. Once the sculpture has left A's possession, there is no way that A can fulfill the promise to give the sculpture to B.


  Results from FactBites:
 
Breach of contract - Wikipedia, the free encyclopedia (374 words)
Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one of the parties to the contract by non-performance or interference with the other party's performance.
A breach may be a minor one (also called a partial breach or an immaterial breach), in which case the non-breaching party will not be entitled to an order for performance of its obligations, but only to collect the actual amount of their damages.
A repudiatory breach (or fundamental breach) is a breach so fundamental that it permits the aggrieved party to terminate performance of the contract, in addition to entitling that party to sue for damages.
Breach of contract (173 words)
Breach of contract is a legal concept in which a binding agreement, or bargained for exchange isn't honored by one of the parties to the contract by non-performance or interference with the other party's performance.
A breach may be a minor one, (also called a partial breach or an immaterial breach) in which case the non-breaching party will not be entitled to non-performance of their obligations but only to damages.
A material breach is a breach so fundamental that it excuses the aggrieved party from further performance and entitles that party to sue for damages.
  More results at FactBites »


 
 

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