Anticipatory Breach by Repudation

A breach of contract occurs when a party fails to adhere to the requirements of a contract. Missouri recognizes the concept of anticipatory breach of contract by repudiation. An anticipatory breach is the equivalent of an actual breach of contract. TDV Transp., Inc. v. Keel, 966 S.W.2d 347, 349 (Mo. App. E.D. 1998).  Generally, to establish an anticipatory breach by repudiation, there must b evidence, by express statements or otherwise, of a “positive intention not to perform” the contract. Carmel v. Dieckmann, 617 S.W.2d 459, 460 (Mo. App. E.D. 1981).


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