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Lexington Park, MD 20653
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
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.
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
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.