Anticipatory Breach

When can the innocent party terminate the contract for anticipatory breach?

There are times when one party to a contract will know that the other has no intention of performing, even though the time for performance has yet to expire, in which case the innocent party may treat the contract as repudiated (bought to an end) as a result of an anticipatory breach of contract.

Services also offered in

A contracting party will be better placed to mitigate its losses if it is aware that the contract will not be performed prior to those obligations falling due. This will allow the innocent party to keep their losses to a minimum.

The key questions that needs to be considered is when can the innocent party terminate the contract for anticipatory breach?

Our expert team will be able to advise you on whether the requirements have been met to enable the contract to be terminated and vice versa if you have had a contract terminated against you, our team can advise you on the whether this was lawful or not.

Legal Disputes Enquiry

Fill out the form and a member of our team will get in touch to discuss how we can help.

Mullis & Peake will use the information you provide in this form in accordance with our privacy policy. With your consent, we may from time to time send you general updates by email or post that we think you will find of interest.This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.

Do you need help with the following?

  • Broken Agreements & Contracts
  • Contested Wills
  • Employment Advice
  • Enforcing Court Judgments
  • Financial Abuse Law
  • Land & Property Disputes
  • Landlord & Tenant Disputes
  • Personal Injury

Call us now for legal dispute support

Our latest insights

Dispute Resolution, Legal, Legal Disputes
Why should a Landlord instruct a solicitor to evict tenants?
Jan 22, 2024
Dispute Resolution, Legal, Legal Disputes
Common mistakes which prevent use of section 21 procedure
Nov 10, 2023
Dispute Resolution, Legal, Legal Disputes
Section 8 or Section 21 – which is best for me?
Nov 10, 2023
Legal, Legal Disputes, Legal Disputes
Proprietary estoppel claim
Feb 22, 2023
Dispute Resolution, Legal, Land & Property Disputes, Residential Property
Property Disrepair Claims
Sep 21, 2022
Legal, Legal Disputes, Land & Property Disputes, Legal Disputes, Personal
Check the ground rules to avoid boundary disputes
Jul 6, 2022
Dispute Resolution, Legal, Landlord & Tenant (Residential)
Assured Shorthold Tenancies: A guide to the Section 21 Procedure
May 3, 2022
Legal Disputes, Legal Disputes
Security camera and doorbell users advised to respect privacy laws
Mar 4, 2022
Commercial Disputes, Commercial Property, Legal Disputes, Commercial Property Disputes, Legal Disputes, Rent Forfeiture
How to evict a commercial tenant
Jan 21, 2022
Legal Disputes, Landlord & Tenant (Residential), Legal Disputes
Does the Landlord and Tenant Act 1954 apply?
Aug 10, 2021
Meet OUR people

Dispute Resolution Team

Head of Dispute Resolution

Holly Minney

Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department

Contact Holly
Chairman

Martyn Trenerry

Martyn ​is our Chairman and the firms' Compliance Officer for Legal Practice

Contact Martyn
Member

Esther Marshall

​Esther is a Member and works in our Dispute Resolution team 

Contact Esther