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Lord Campbell CJ held that Hochster did not need to wait until the date performance was due to commence the action and awarded damages.. John Campbell, 1st Baron Campbell.. If a man promises to marry a woman on a future day, and before that day marries another woman, he is instantly liable to an action for breach of promise of marriage; Short v Stone. [1]
Anticipatory repudiation or anticipatory breach is a concept in the law of contracts which describes words or conduct by a contracting party that evinces an intention not to perform or not to be bound by provisions of the agreement that require performance in the future.
Hochster v De La Tour (1853) on anticipatory breach; Smith v Hughes (1871) on unilateral mistake and the objective approach to interpretation of contracts; Foakes v Beer [1] (1884) on part payments of debt (with a notable dissenting opinion by Lord Blackburn) The Hong Kong Fir (1961) on innominate terms, allowing the court remedial flexibility
Under the English sale of goods principles, a condition is a term whose breach entitles the injured party to repudiate the contract, [1] but a breach of warranty shall give rise only to damages. [2] In this case, Diplock LJ proposed that some terms could lead either to the right to terminate a contract as a remedy, or to the mere entitlement to ...
repudiatory breach, that is an actual breach of an innominate term, where the consequence of the breach is sufficiently serious to give rise to a right to terminate; or; renunciatory breach (aka anticipatory breach), where the other party makes clear to the innocent party that it: is not going to perform the contract at all, or
Jacob & Youngs, Inc. v. Kent, 230 N.Y. 239 (1921) is an American contract law case of the New York Court of Appeals with a majority opinion by Judge Benjamin N. Cardozo.The case addresses several contract principles including applying the doctrine of substantial performance in preventing forfeiture and determining the appropriate remedy following a partial or defective performance.
A Germantown, Maryland man made his way onto a government aircraft reserved for top officials and commanders at the airfield that is home to Air Force One.
In my view, where there is an anticipatory breach of contract, the breach is the repudiation once it has been accepted, and the other party is entitled to recover by way of damages the true value of the contractual rights which he has thereby lost; subject to his duty to mitigate.