324. Anticipatory Breach Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 A party can breach, or break, a contract before performance is required by clearly and positively indicating, by words or conduct, that he or she will not or can not meet the requirements of the contract. If [name of plaintiff] proves that [he/she/it] would have been able to fulfill the terms of the contract and that [name of defendant] clearly and positively indicated, by words or conduct, that [he/she/it] would not or could not meet the contract requirements, then [name of defendant] breached the contract. ___________________________________________________________________________ New September 2003