discharge by breach

• actual breach

  – where one party fails to perform their obligations(Non-performance)

  - does it improperly (OR improper performance)

  -victim always entitled to damages but if its termination of contract it depends on term that’s been breached

  - only a breach of condition gives the right to repudiate the contract and/or sue for damages.
• repudiatory breach

  - breach of  contract sufficiently serious  that it entitles the innocent party to  treat the contract as terminated

  - other party who is not in breach may terminate the contract and claim damages or continue the contract and claim damages

  - express termination provisions - Stocznia Gdynia SA v Gearbulk
• anticipatory breach pt 1

  due to perform their part in the future, but before the date they inform, give notice to, tell, the other party they will not be performing or completing the contract.-can be to do something in future

  -even though set for future can set out claim if other party made it clear they will not perform anticipation of the breach- Hochester v de la Tour
• anticipatory breach pt2


  - one of the parties to a contract, either expressly or by conduct, leads the other party to the reasonable conclusion that they do not mean to carry out the contract, this amounts to repudation.  The other party can then treat the contract as at an end.
• remedies for anticipatory breach

  •       Can claim immediately

  •       Same position would have been in

  •       Must mitigate their loss

  •       Can wait until an actual breach

  •       Can repudaite – if a condition

  •       Damages – if a warranty