Anticipatory breach in English contract law
An anticipatory repudiatory breach can arise when a party clearly indicates before the due date that it will not perform, or makes performance impossible. The innocent party may, subject to the facts, accept the repudiation and bring the contract to an end or affirm the contract and require performance. The consequences for damages and further obligations depend on the election and circumstances. Distinguish a sufficiently serious refusal from a minor doubt or a request to renegotiate.
Worked example
A builder tells a customer weeks before the agreed start that it will not perform the promised work at all. The customer considers whether to accept the repudiation and seek an alternative, rather than automatically treating every delay prediction as a terminated contract.
Common mistake
Assuming the contract always ends automatically upon a warning, or that every threatened delay necessarily amounts to repudiation.
Where it appears in your exams
| Qualification | Exam | Relationship | Period |
|---|---|---|---|
| ACCA | LW (ENG) | Direct | September 2026–June 2027 |