Breach or Performance : Contracts

Breach or Performance

Anticipatory Breach (Requirement of a Positive Act)
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

TDV Transportation, Inc. v. Keel, 966 S.W.2d 347 (Mo. Ct. App. E.D. Div. 5, 1998). ANTICIPATORY BREACH (REQUIREMENT.
Lesson from the Sports Page: Do Not Terminate a Contract Unless the Breach Was Material
James E. Smith of Beirne, Maynard & Parsons, L.L.P.

Ohio State University knows what it takes to run a big-time college sports program and how hard it is to comply with those NCAA recruiting rules. In fact, Ohio State specifically wrote into the employment agreement of its former men's basketball coach, James O'Brien, that he must comply with the NCAA rules. After learning that Mr. O'Brien broke those rules, the university fired him.