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Anticipatory breach

This topic has 1 reply, 2 voices, and was last updated 7 years ago by MikeLittle.

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January 8, 2018 at 4:45 pm #427876
humai
Participant
- Topics: 757
- Replies: 248
Sir in anticipatory breach, we know that innocent party can
Either
a) Treat the contract as discharged and sue for damages immediately without waiting for contractual date of performance
OR
b) Can continue the contract complete his side of bargain and then he would sue for damages or would he sue for payment by other side?
January 8, 2018 at 4:59 pm #427882
MikeLittle
Keymaster
- Topics: 27
- Replies: 23333
Sue for payment first and the Court will likely award the decision in the innocent’s favour
Damages doesn’t come into the equation when the innocent has completed their contractual duties – it’s just a claim for payment of contracted sum
OK?
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