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.
Anticipatory Breach (Requirement of a Positive Act)
This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Was this helpful?