discharge by breach of contract Flashcards
breach of contract
> total failure to perform
OR
failure to do exactly what was agreed (may be part or substantial)
breach can be…
anticipatory or actual
anticipatory
before performance is due - D tells C that they’re not going to do what they promised under the contract
C can either sue for B of C immediately OR wait until the time of performance + then sue
actual
at the time of performance was agreed to happen, D fails to do as agreed or does it differently
Hochster v de la tour
H agreed to work as a courier on a tour sue to start in June. However, the company told him in May it no longer required his services.
Entitled to sue immediately didn’t have to wait until June
Anticipatory breach