Please continue with you internet forum law. First you were an adoption lawyer, now you're a business lawyer.
Just to be clear, breach of contract, and fraud are two different things and we have done neither. Your reckless disregard for what is true or untrue is why I'm still here. You could stretch that we have breached a contract if you could prove that we will never deliver a product or have never delivered a product in the past. If you can't, won't, refuse, or have no excuse for being late to deliver a product that you promised you are in breach of contract and that is up to the customer to decide. Obviously some have decided not to find out and wanted a refund. There is a big difference between not delivering a product at all, and still working on a product. Fraud doesn't even enter into the conversation and speculating that is libelous if you want to get technical.
You couldn't even speculate that this situation is an anticipatory breach of contract. We have gone over a time frame that we quoted based on a bilateral contact with the customer. Going over the time frame with no good reason, or never being able to deliver the promised product would be cause for a breach of that bilateral contract. That is not the case here.
Promise is a legal term in business. It is actually included in breach of contract.