700.08. Anticipatory Breach of Contract by Repudiation

700.08 Anticipatory Breach of Contract by Repudiation [Name of plaintiff]'s failure to keep [his] [her] [its] promise is excused, if [name of defendant] indicated by [a] definite and unequivocal statement[s] or conduct before the performance was due [he] [she] [it] would not keep [his] [her] [its] promise when it became time to do so. [Name of plaintiff] claims [he] [she] [it] had a valid excuse and did not have to [pay/perform/etc.] because [name of defendant] indicated that [he] [she] [it] not keep [his] [her] [its] promise. To excuse [name of plaintiff]'s failure to perform, [name of plaintiff] must prove [name of defendant]'s indication that [he] [she] [it] would not keep [his] [her] [its] promise before the time the performance was due was definite and unequivocal either from [name of defendant]'s statements or conduct. You will address these issues in question [__] on your verdict.