If one party indicates that they will not be performing their part of the contract prior to the time for performance,the innocent party must wait until the due date before they can sue for breach.

Question

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If one party indicates that they will not be performing their part of the contract prior to the time for performance, the innocent party does not have to wait until the due date before they can sue for anticipatory breach. They can sue immediately for breach of contract.

If One Party Indicates That They Will Not Be Performing