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In the Bpp book it says anticipatory breach is before the time the performance is due. And repudiatory breach is occurs at the time of performance.( what does that mean, in the course of doing the performance). However in the case of whte and carter v mccregor ( the book says its a repudiatory breach)
But wont it be an anticipatory breach as mccregor has told them before the perofrmance that he wont need the adverts.
If I have a contract with a company to sing, and they tell me before my performance so that is anticipatory breach. What will be repudiatory breach be in this context.
But White and Carter didn’t accept the notification of the breach
In my lectures I emphasise that it’s not the notification that brings the contract to an end
It’s the acceptance of the notification that is important
And if the innocent party doesn’t accept notification of anticipatory breach, the contract survives … as in White & Carter Councils v McGregor
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