Obligations When There Is An Anticipatory Breach Of Contract

Businesses in Florida enter into contracts every day. Businesses, essentially, are agreeing to be bound by the terms of the contract. This means, businesses, must execute the obligations agreed upon. For instance, this could be either, to perform certain services, provide certain products, or perhaps pay for another company’s goods or services. Another aspect of many contracts is that the parties in the contract must complete their obligations within a certain time frame.

However, when companies do not perform their written obligations then, they are in breach of contract. The party or parties in the contract may seek damages against the breaching party. Still, there are certain situations when one party makes it clear that they are not going to perform their obligations prior to execution. If this occurs, it is known as anticipatory contract.

Once the party has made it clear that they will not perform their obligations, either by clear written, verbal refusal, or by conduct, the other party can file a claim for breach of contract even before the breach occurs. Like a material breach of contract, the party can seek any and all damages suffered pertaining to the breach. The party seeking this claim then is no longer obligated to perform their contracted obligations.

Majority of companies in Florida are very familiar with contracts. These contracts require both parties to perform various obligations. Unfortunately, there are many times when this does not occur, and a party breaches the contract. If this occurs, the non-breaching party can suffer damages and seek a remedy in court. Experienced attorneys understand contract law and may be able to guide one through the process.

Talk to a Business Attorney who specializes in Contracts and can anticipate breach of contract. Our knowledgeable team of business attorneys has extensive experience drafting contracts that protect both parties while establishing clear terms and conditions. We will take the time to understand the nature of a breach of contract. To learn how we can help you with your contract needs, call me directly 305-921-0440 or email me at [email protected].

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