Q: If the other party to my New York agreement is acting illegally, can I claim anticipatory breach of contract?
Anticipatory breach of contract in New York exists where two parties enter into an agreement, and one party has reason to believe that the other will not be able to uphold its end of the contract. When this situation exists, the non-breaching party may face a choice as to whether or not to proceed under the agreement. In a recent breach of contract against famous NFL player Michael Vick, he is alleged to have breached a contract with a company who sold game-worn merchandise to fans. The company, however, has been charged and convicted of various claims relating to providing false goods to fans as well as other immoral practices. In cases such as these, it is possible that one party has reason to allege an anticipatory breach of contract due to the other party’s illegal acts.
Under New York contract law, anticipatory breach of contract claims are heavily fact-specific. As a result, it is essential to contact an experienced New York breach of contract lawyer before taking any action. Generally, if your attorney agrees that anticipatory breach exists, you will be faced with a choice between the following:
- Terminate the agreement and walk away from your obligations under the agreement.
- Continue to honor the agreement and bring a breach of contract claim against the other party.
To learn more about anticipatory breach of contract and other New York business litigation matters, contact an experienced New York breach of contract attorney today. Call our office at (888) 497-3410 to schedule a consultation.