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Anticipatory breach

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Anticipatory breach

  • This topic has 1 reply, 2 voices, and was last updated 7 years ago by MikeLittle.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • 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: 23327
    • ☆☆☆☆☆

    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?

  • Author
    Posts
Viewing 2 posts - 1 through 2 (of 2 total)
  • The topic ‘Anticipatory breach’ is closed to new replies.

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