Contracts
What is 'anticipatory breach' in a Delaware real estate contract?
AA breach that is anticipated by the non-breaching party before it occurs
BOne party clearly communicating before the performance date that they will not perform their contractual obligations✓ Correct
CA breach that is anticipated in the contract's contingency clauses
DA breach that occurs at the beginning of the contract period
Explanation
Anticipatory breach occurs when one party, before the performance date arrives, clearly communicates that they will not perform. The non-breaching party may then immediately treat the contract as breached without waiting for the performance date.
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