anticipatory breach

Cards (8)

  • What is anticipatory breach?
    one party states that they will not be fulfilling their side of the contract. It has not yet happened but the party is giving advance notice.
  • when can the party sue?
    straight away or wait until the breach happen
  • What does the right to sue immediately mean?
    there is no need to wait for the breach to happen and can take apropriate action
  • What is a case example?
    Hochester v De La Tour
  • What happened in Hochester v De La Tour?
    C had a contract due to commence in June but was told in May that his services would not be needed. As the breach was antcipatory, he could recover damages for the money immediately and did not have to wait until June
  • What is the remedy?
    damages
  • What does a breach of a condition allows the innocnet party to do?
    end the contract
  • What does a breach of a warranty do?
    does not allow the contract to come to an end