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Where one party to a contract declares his intention of not performing the contract before the performance is due, it is called
Actual Breach
Anticipatory Breach
Either (a) or (b)
Neither (a) nor (b)
- Actual Breach:
- Occurs when a party fails to perform their obligations on the due date or performs defectively.
- This breach arises at the time when performance is due.
- Anticipatory Breach:
Occurs when one party declares their intention not to perform the contract before performance is due.
- Allows the non-breaching party to seek remedies before the actual time of performance arrives.
- Either (a) or (b):
- This suggests that both options could be correct, which isn't applicable for distinct differences in breach types.
- Neither (a) nor (b):
- This implies neither of the previously mentioned conditions applies, which is not correct here.
Correct Answer: Option 2 – Anticipatory Breach
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