Breach And Anticipatory Flashcards
Types of breach
Actual
Anticipatory
Repudiatory breach
Breach that is so serious that it allows innocent party to terminate it
How a redpudiatory breach happens
Breach of condition
Rufusal to perform
Breach of immoninate term if deemed serious enough
Breach of condition
Allows for damages and repudiate contract
Anticipatory breach
When party gives notice in advance to other party that they will not perform or complete there contract
Choose in anticipatory breach
Sue immediately once informed
Wait until agreed performance date
Anticipatory breach case
Hochester V de la tour
Anticipatory breach remedies
Damages to put in position they would be in if contract was completed
Must mitigate loss
Breach of condition
Damages and or repudiation
Breach of warranty
Damages only