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How to handle anticipatory breach in Minnesota

On Behalf of | Jun 15, 2022 | Blog |

In business, there are many different types of contracts. Some are more complex and can carry a higher risk for one or both parties. For example, in Minnesota, there’s always a potential of someone not meeting their obligations. If you suspect this, here’s what you need to know.

Understanding anticipatory breach in Minnesota

In business, an anticipatory breach of contract is defined as one party declaring that they will not fulfill their contractual obligations. This can be done verbally or in writing. It’s important to note that just because someone says they won’t fulfill their obligations doesn’t mean they won’t. In some cases, it may just be a way to try and renegotiate the terms of the contract.

A person can also demonstrate anticipatory breach through their actions. For example, if a party stops making payments or doesn’t show up to meetings, this can be seen as an anticipatory breach.

Dealing with anticipatory breach

If you are on the receiving end of an anticipatory breach, a few different options are available:

  1. You can choose to do nothing and wait to see if the breaching party actually follows through on their threat. This could be a good option if you think the other person is just trying to renegotiate the contract terms.
  2. You can send a “demand letter.” This is basically a formal way of saying that you expect the other person to uphold their end of the contract. If they don’t, then you’ll take legal action.
  3. You can pursue business litigation. This is usually only done if the breach is causing you significant financial harm and you don’t think the other person will follow through on their obligations.

Dealing with an anticipatory breach can be a tricky situation. But, if you take the time to understand your options and what’s at stake, you’ll be better positioned to make the right decision for your business.