Can I terminate this contract for anticipatory breach?
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Can I terminate this contract for anticipatory breach?
I booked 2 friends, Promoter and DJ for a cruise 10/13. About 2 months ago, I began to ask Promoter when parties would purchase flights. Promoter has been making empty commitments to purchase flights since then. Last week, I contacted both the Promoter and DJ to inquire about flights and was ignored each time, yet both parties regularly updated their Facebook pages through the inquiries. On 0$9/29, I posted a Facebook status mentioning professionalism and Promoter sends me a series of defensive Facebook messages stating that her phone was broken but she would purchase flights that day. I texted both parties requiring that flights be purchased by 5:00 pm or they could be breached for anticipatory breach. Instead of purchasing flights, DJ called me irate and stated that Promoter was having financial issues and mentioned she would not feel comfortable showing if Promoter could not make it, which is why she was waiting to purchase her ticket. DJ made a second call to state that said that her and Promoter spoke and decided against the event. Both parties were offered a cabin in exchange for services. Promoters services already rendered. If Promoter did not show, I lose 1,000 paid for cabin. No show for DJ would be $1,000 loss and an upset crowd with no DJ.
Asked on October 2, 2017 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If they have indicated, as they apparently have based on what you have written, either overtly or clearly through their actions that they have no intention of following through on their obligations, then you should be able to treat this agreement as terminated for anticipatory breach. You indiate that DJ said that she has decided against the event: that appears to be a clear anticipatory breach by her. As to Promotor, the refusal to buy the tickets/flights despite a number of requests to do so, or to at least confirm that Promoter will be buying a flight by such and such date, could be taken as evidence of an intent to breach. Therefore, you should be able to treat the contract as terminated and also sue for damages from the breach.
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