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Anticipatory Breach
Anticipatory breach is when one party clearly states or does something that shows they will not fulfill their contractual duties before the deadline to perform arrives.
What it actually is
It occurs when a contracting party, before the time for performance, communicates an unequivocal intention not to perform, or takes an action that makes performance impossible. In a lawsuit, this allows the other party to treat the contract as broken immediately, without waiting for the deadline to pass.
Why it matters in your case
For someone in a case, it lets you sue for damages right away instead of waiting until the performance date, which can save time and limit further losses. It also shifts the burden to show that the repudiation was clear and that you were ready and willing to perform your own obligations.
The common misunderstanding
Many people think a breach can only happen after a deadline is missed, but anticipatory breach applies before performance is due. Also, mere expressions of doubt or financial difficulty usually do not count—there must be a clear, definite refusal to perform.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.