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Philadelphia Business Lawyers: Anticipatory Repudiation of Contracts

Normally, contractual remedies flow from a breach of contract. However, remedies can also be available when anticipatory repudiation occurs. Anticipatory repudiation is when one party to a contract declares that they will not, or are unable to, perform their obligation under the contract prior to the obligation becoming due. In Pennsylvania, the declaration must be “an absolute and unequivocal refusal to perform or a distinct and positive statement of an inability to do so.”

When anticipatory repudiation occurs, the law provides the aggrieved party, the party that is not refusing to or unable to perform, remedies.   The aggrieved party can choose to wait and see if the other party will indeed perform under the contract. However, the aggrieved party could also seek remedies which are available for breach of contract, including damages or specific performance. Either way, the aggrieved party can also suspend his performance under the contract.’

The Philadelphia Business Lawyers of Sidkoff, Pincus & Green are Experienced in All Areas of Contract Law

Philadelphia Business Lawyers at Sidkoff, Pincus and Green represent clients in contract disputes.  If you need a qualified Philadelphia Contract Lawyer, contact us online, or call us at 215-574-0600.