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Hello Mike,
regarding anticipatory breach, the injured party may wait until the actual time for performance before taking action. in White & Carter V Mcgregor (read the case in e-law resources), defendant has not actually authorised their manager to enter into a contract with plaintiff, and asked them not to continue with the contract. But the P decided to go on with the contract and claim for payment. It was held that P entitled for it.
Unfair?? hehehe. Just wondering why did P wins the case? thought the defendant has taken a step to minimize loss?
Hope this is not a stupid Q. LOL
Why should they cease the contract? If they had stopped then it could have been difficult to establish loss of profit and surely, if they had gone ahead with the contract, W+C would have made a profit.
Yes, there is a duty to mitigate losses, but I don’t believe there’s any duty to forego a profit!
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