Question

Mel is under contract with a textbook publisher to write an instructor's manual to accompany a new textbook. The contract states that the instructor's manual is to be completed by August 1. On July 1, the publisher calls Mel and asks for an update. Mel states that he's working hard and making progress. He then states that the August 1 deadline is "doable but it's going to be tough." Based on Mel's statement, can the textbook publisher claim an anticipatory repudiation and find another author to complete the project?

Answer 1

Answer:

NO, THE TEXTBOOK PUBLISHER CANNOT CLAIM AN ANTICIPATORY REPUDIATION AND FIND ANOTHER AUTHOR TO COMPLETE THE PROJECT.

Explanation:

An anticipatory repudiation of contract (also known as anticipatory breach of contract) is an action that shows one party's intention to fail to fulfill its contractual obligations to another party.

An anticipatory breach occurs when a party demonstrates its intention to break a contract, and by declaring an anticipatory breach, the counterparty may begin legal action immediately rather than waiting until the terms of a contract are actually broken.

In Mel's case, he states that the August 1 deadline is "doable but it's going to be tough". Going by his statement, he did not state that he will not be able to meet up but that it will not be easy.

Therefore, the textbook publisher CANNOT claim an anticipatory repudiation and find another author to complete the project.