where a party fails to perform their contractual obligations or performance is defective a lie found in the contract. the party at fault will have said to have breached
what are the remedies for breach
breach of condition is reputation
for breach of condition or warranty then damages
what is an actual breach
breach of contract occurs at time of or during performance
what is an anticipatory breach
when a party to a contract gives notice in advance to the other party that they won’t be performing or completing the contract
what is the POL in golden operations v dry bulk handy holding
breach is anticipatory if the innocent party believes non completion is certain
how can the innocent party react to anticipatory breach
can sue straight away- hochester v de la tour
can wait and see- avery v bowden
could perform anyway- white and carter v mcgreggor
