A violation of a contract by either failing to perform one's own contractual obligations or by interfering with another party's performance of their obligations. anticipatory breach. A party's positive and unequivocal action or statement, before the time his contractual obligation is due, indicating that he does not intend or will not be able to perform when the time to do so arrives. In most states, the nonbreaching party may choose to treat the repudiation as an immediate breach of the cont...