Anticipatory Breach (Requirement of a Positive Act)
TDV Transportation, Inc. v. Keel, 966 S.W.2d 347 (Mo. Ct. App. E.D. Div. 5, 1998). ANTICIPATORY BREACH (REQUIREMENT OF A POSITIVE ACT)- This case proves as another reminder that the doctrine of anticipatory breach or repudiation only applies when the party that is allegedly repudiating expresses a positive intention not to perform. In the case at bar, the party claiming repudiation relied upon a letter, written by the opposing party, which attempted to unilaterally reduce rental rates. The court held that this letter was legally insufficient to show anticipatory breach because the letter did not indicate what would happen if the claimant had expressed disagreement with the reduced rates.