What Is Anticipatory Breach of a Contract Law in California
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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