How To Prove A California Anticipatory Breach Claim

 

How To Prove A California Anticipatory Breach Claim

 

In California, a claim of Anticipatory Breach is defined as:

Anticipatory breach occurs when a party denies the existence of the contract prior to the date that the performance is due. Anticipatory breach is an excuse for non-performance by the non-breaching party.

It simply means:

When one party doesn’t hold up his/her end of a contract because it appears the other party won’t.

There are 3 elements of the claim:

  • Element 1. There was a contract between parties. An anticipatory breach claim arises when one party in a contract clearly indicates they will not fulfill their obligations, and this situation is based on an existing agreement between the two parties involved.

    Facts that might support this element look like:

    * The parties exchanged signed documents outlining the terms of the agreement, including payment and delivery schedules.
    * Both parties engaged in negotiations and reached a mutual understanding regarding the essential terms of the contract.
    * The plaintiff provided consideration in the form of a deposit, which was accepted by the defendant as part of the agreement.
    * The defendant acknowledged the existence of the contract in written correspondence prior to the alleged breach.
    * The parties performed their respective obligations under the contract for several months before the dispute arose.

  • Element 2. One party to the contract clearly and positively indicated, by words or conduct, that they would not meet the contract requirements. In an anticipatory breach claim, one party clearly showed, through their words or actions, that they would not fulfill their part of the contract, signaling to the other party that they should not expect the agreement to be honored.

    Facts that might support this element look like:

    * The defendant explicitly stated in an email that they would not be able to fulfill their obligations under the contract due to unforeseen circumstances.
    * During a meeting, the defendant verbally expressed doubts about their ability to deliver the contracted services on time.
    * The defendant failed to make a scheduled payment, indicating their intention not to comply with the contract terms.
    * The defendant’s actions, such as ceasing work on the project without notice, demonstrated a clear refusal to meet contractual obligations.
    * The defendant provided written notice that they would not proceed with the contract, citing a lack of resources to fulfill their commitments.

  • Element 3. The indication came before performance was required. In an anticipatory breach claim, “the indication came before performance was required” means that one party clearly showed they wouldn’t fulfill their part of the contract before the deadline, allowing the other party to take action without waiting for the actual failure to perform.

    Facts that might support this element look like:

    * The defendant communicated their intention to withdraw from the contract two weeks before the performance deadline.
    * The plaintiff received a written notice from the defendant stating they would not fulfill their obligations a month prior to the scheduled performance date.
    * The defendant’s representative explicitly stated in a meeting that they would not proceed with the contract before any performance was due.
    * The defendant’s actions indicated a clear refusal to perform, occurring well in advance of the agreed-upon performance date.
    * The plaintiff was informed by the defendant that they were unable to meet the contract terms three weeks before the performance was required.

(See California Civil Jury Instructions (CACI), No. 324.)
If you’re in court without a lawyer and plan to assert a Claim of Anticipatory Breach, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

Prove Your CA Anticipatory Breach Claim

U.S. Civil Cases Only

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