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13-824.  Breach of contract; repudiation of contractual obligation.

It is a breach of contract if, before performance became due, __________________ (promisor) announced or otherwise demonstrated [his] [her] [its] intention not to perform a contractual obligation [where __________________ (promisee) had not fully carried out [his] [her] [its] contractual obligations].

 

USE NOTE

The bracketed part of the instruction should be given only when the evidence and claims of the parties raise the issue. The blanks should be filled in with the names of the parties.

[Adopted, effective November 1, 1991; as amended by Supreme Court Order No. 18-8300-013, effective for all cases pending or filed on or after December 31, 2018.]

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