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CACI 324

What Is Anticipatory Breach of a Contract Law in California

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What is the Law in California for Anticipatory Breach of a Contract - California Civil Jury Instruction CACI 324

California Law

CA Civil Jury Instructions

CACI 324 - Anticipatory Breach of a Contract

As of September 1, 2010

California Civil Jury Instruction CACI 324

324. Anticipatory Breach

A party can breach, or break, a contract before performance is

required by clearly and positively indicating, by words or conduct,

that he or she will not or can not meet the requirements of the

contract.

If [name of plaintiff] proves that [he/she/it] would have been able to

fulfill the terms of the contract and that [name of defendant] clearly

and positively indicated, by words or conduct, that [he/she/it]

would not or could not meet the contract requirements, then [name

of defendant] breached the contract.

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