![]() The court will also look to the actions of the injured party when determining the appropriate amount of damages. The liability will be different depending on if the breach was a material breach or a non-material breach. ![]() Under contract law, the breaching party will be required to make the other part whole. The primary consequence for a breach of contract is that the side that commits the breach becomes liable for the damages caused by their failure to meet their obligations. Dealing with anticipatory breach can be tricky because parties can retract their anticipatory breach if the other side has not made any changes in reliance on the prior repudiation. They will be entitled to sue for damages resulting from the non-material breach, if any. However, if the anticipatory breach only deals with non-material part of the contract, the non-breaching side must still honor their contractual obligations. When there has been an anticipatory breach that deals with a major part of the contract, it excuses the non-breaching side from performance and allows them to begin legal action immediately, instead of having to wait for the term of the contract to be fulfilled.
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