Under California Civil Jury Instructions (CACI) 324 – Anticipatory Breach, contracts can be broken even before the performed services are scheduled to transpire. Plaintiffs, then, have remedies for what is known as an ‘anticipatory breach of contract.’
However, before you can initiate a valid lawsuit your claim must be justified by meeting the burden of proof required to sustain your allegations. This requires the advice of an experienced business litigation attorney, and a better understanding on your part of the subject matter of your claim, the requirements to meet the claim, and any additional legal options that may available to you.
What is an anticipatory breach?
An anticipatory breach is when a contract is considered ‘broken’ because of the refusal of one party to perform their commitment as part of said contract, even if the performance of the commitment isn’t scheduled to happen until a specified date in the future. In other words, if the other party has made it very clear that they won’t be able to meet their future obligations then you have the foundation for an anticipatory breach of contract claim.
This is also referred to as ‘repudiation.’ It occurs when one party to an agreement has, by some means, articulated that they cannot – or will not – be performing their portion of the agreement. In effect, they have retracted their promise and unlawfully ended a binding contract under California Breach of Contract Laws.
Three Types of Repudiation
Before you go further, be knowledgeable about the type of repudiation you’re accusing the breaching party of because – again – you will have to prove your claim in a court of law. Be certain that your claim falls into one of the three recognized categories. This not only guarantees that you have cause to file suit, but also that your litigating attorney’s argument will be carefully customized to the distinctive elements of your claim and the precise details of your evidence and claim.
Precise Words – Also known as ‘express repudiation,’ you’ll have the strongest claim if you can prove that the adverse party stated very clearly and directly that they would not be performing their portion of the agreement. It must be obvious and clear-cut that they intend to sever the contractual arrangement and it must be expressed directly to you; this can be accomplished through an email, phone call, Skype conference, in person encounter, or some other form of direct communication.
Implicating Actions –The second type of repudiation occurs when the actions and conduct of Continue reading