Baldwin & Briscoe P.C.
301-862-4400
22335 Exploration Drive Ste. 2030
Lexington Park, MD 20653
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Anticipatory Breach of Contract

 

  Under Maryland law, as is common around the country, if a person breaches a contract, the other party to the contract may file a lawsuit and if successful, the court will award the plaintiff money damages, and in some cases, specific performance or other injunctive relief.  A breach of contract occurs when one party to the contract, without legal justification, fails to perform any promise that forms part or all of the contract.  A plaintiff, in a breach of contract case, must prove that he or she performed his part of the contract.

  In an anticipatory breach of contract case, the breach occurs before the time that performance is required.  An anticipatory breach occurs when one party definitely and specifically refuses to perform the contract in a manner that is positive and unconditional.  An anticipatory breach is more than a delay and must amount to a repudiation or rejection of the contract.  An expression of doubt over one’s ability to perform is not sufficient to create an anticipatory breach.

  A party who anticipatorily breaches or repudiates a contract may retract the repudiation and perform so long as they notify the other party to the contract before the other party materially changes their position based on the anticipatory breach or notifies the repudiating party that they consider the repudiation to be final.

  If a party repudiates a contract, the non-breaching party may choose how to proceed.  If is advantageous of them to do so, they may treat the contract as abandoned and sue the breaching party for anticipatory breach of contract.  On the other hand, they may wait and bring an action for breach of contract after the time for performance has passed.


            The information contained on this page is provided as general information and does not constitute legal advice.  The experienced attorneys at Baldwin, Briscoe & Steinmetz, P.C. can assist you if you have questions concerning a contract, including the breach or anticipatory breach of a contract.  We’d be happy to sit down with you and review your situation and provide appropriate advice. 

 

 

 

The Law Offices of Baldwin, Briscoe & Steinmetz, P.C. also offers these services:

Bankruptcy and ForeclosureBusiness LawCivil LitigationCriminal DefenseFamily LawGovernment Contracts LawIntellectual Property, Personal InjuryReal Estate, and Wills, Trusts, & Estates

 

 

Contact Us

The Law Offices of Baldwin, Briscoe & Steinmetz, P.C.

22335 Exploration Drive

Suite 2030

Lexington Park, MD 20653

301-862-4400 Phone

301-862-3009 Fax

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Our Attorneys

Samuel C.P. Baldwin, Jr., Esq.

Janice Briscoe, Esq.

Richard J. Steinmetz Jr., Esq.

David J. Hebb, Esq.

Sandra Kaufman Jonasen, Esq.


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With an office conveniently located in Lexington Park, The Law Offices of Baldwin, Briscoe & Stienmetz, P.C. serves clients in the counties and cities of Lexington Park, Leonardtown, Hollywood, Mechanicsville, Loveville, Helen, Breton Bay, Chaptico, Charlotte Hall, Golden Beach, Avenue, La Plata, Waldorf, Newburg, Port Tobacco, Port Charles, Solomons Island, Prince Frederick, Chesapeake Shores, Hughesville, Benedict, Nanjemoy, Lusby, Port Republic, St. Mary's County, Charles County, Calvert County, Prince George's County, Southern Maryland.


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