英文摘要 |
Anticipatory breach includes renunciatory breach and prospective inability to perform the contract. The renunciatory breach can be expressed orally or in writing, as well as through an act. The dictions of the renunciatory breach should be certain, so that it could be reasonably understood that such a breach would occur. The obligations refused to perform should be substantial and fundamental in the contract. The obligator could withdraw the renunciatory breach and indicate his will to perform before the non - breaching party accepts the renunciatory breach, thus preventing rescinding the contract. The obligator' s subjective intention is not a constitutive requirement of the renunciatory breach. The non - breaching party is entitled to discharge the contract as well as claim for damages for breach of contract when the expression or the behavior of the obligator constitutes an anticipatory breach. Also, the non -breaching party may urge the withdrawal of the renunciatory breach or ignore it until the expiration of the time limit for performance. The non - breaching party is entitled to require the obligator to provide sufficient assurance when the obligator' s ability to perform is sensibly doubtful. The failure of the obligator to provide such assurance constitutes an anticipatory breach of contract. |