DEFINITION of anticipated violation
A anticipatory violation (also called anticipatory repudiation) Is an action which shows the intention of a party not to perform or fulfill its contractual obligations towards another party. An early breach voids the counterparty’s responsibility to perform the requirements of the contract. By demonstrating a party’s intention to rape, the counterparty can also take legal action.
BREAKDOWN of the anticipated violation
An early termination occurs when a party demonstrates its intention to breach a contract. However, no voice or written confirmation is required, and failure to comply with a timely obligation may result in a violation. By declaring an anticipated breach, the counterparty can immediately initiate legal action rather than waiting for the terms of a contract to be effectively breached.
For example, if Company A refuses to make substantial interim payments to Company B, Company B can take legal action due to an anticipated violation. Company B could also stop performing its contractual obligation, which could save time and money.
Criteria for anticipated violation
The intention to break the contract must be an absolute refusal to fulfill the conditions for it to be qualified as an anticipated violation. The expected violation cannot be based solely on the assumption that the party will not fulfill its obligations.
Suppose that a property developer hires an architectural firm to create plans for a new building within a certain period of time. If the developer requests regular updates on the project and is not satisfied with the latest results, there is no reason to claim an early violation. Architects may be behind schedule or design may not be as desired, but architects may continue to work. Such a circumstance always leaves the possibility that architects can meet their deadline if corrective measures are taken.
If the architects were to take measures which would make it absolutely impossible to meet the deadline, this would constitute an anticipatory violation. For example, architects can interrupt all work on the first project and allocate all of their resources to a new project with a different developer. This would prevent them from respecting the initial contract to which they signed.
Parties claiming that an anticipated violation has occurred are required to do everything in their power to mitigate their own damages in response if they wish to seek redress. This could include stopping payments to the party who committed the breach and immediately looking for ways to minimize the effects of the breach. This may include finding a third party who could perform the tasks described in the original contract.