Discharge by Breach

Question 1

Introduction?

Answer 1

When a party fails to perform his obligations under a contract, the party may be sued for breach of contract. You can have an anticipatory breach or an actual breach.

Question 2

Anticipatory breach?

Answer 2

When a party to a contract gives notice to the other party that they will not be performing the contract - Hochester v De La Tour - The party can sue straight away or wait for completion of contract or sue if performance does not take place.

Question 3

Remedies?

Answer 3

The victim can claim damages and or repudiation (rejection of contract).