Thursday, 28 March 2013

How can the innocent party respond to an anticipatory breach?

  • Sometimes you will hear critics of the law argue that the law surrounding anticipatory breach favors the innocent party and this is because the innocent party has a choice and the power to decide what happens once the anticipatory breach is made. They can either accept the reputation or affirm the contract.
  • They is that the innocent party has to stick to the decision they have made or else there is a potential they themselves will find themselves in breach.
  • If they chose to accept the breach then they can claim damages. 
  • However should they choose to affirm the contract then they cannot reply on anticipatory breach. This means that they have to make sure they fulfill all of their obligation or they run the risk of being in breach, The Simona 1989 (

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