DefineLaw

What is an anticipatory breach?

An anticipatory breach occurs when a party signals in advance it will not perform.

Why it matters

It lets the other side sue early instead of waiting for the date.

Common confusion

It is a breach before performance is due, not after a missed deadline.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

What counts as a signal?

A clear statement of non-performance or actions making it impossible.

Can I sue immediately?

Usually yes, once the repudiation is clear.

Can they take it back?

Sometimes before you rely on it, depending on the rules.

Related contract terms