What is the test for anticipatory breach in a commercial contract?
Alberta, Canada
The following excerpt is from Brealta Energy Inc. v. First Capital Management Ltd., 2011 ABQB 284 (CanLII):
Anticipatory breach requires “a definite, unequivocal manifestation of intention on the part of the repudiator that he will not render the promised performance when the time for it in the contract arrives.” Matthews v. Accent Lines (1988) Ltd., 1988 ABQB 180 at para. 37.
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