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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.
Renunciatory breach (usually referred to as anticipatory breach or breach by anticipatory repudiation) is an unequivocal indication that the party will not perform when performance falls due or a situation in which future non-performance is inevitable. An anticipatory breach gives the innocent party the option to terminate the contract ...
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.
Hochster v De La Tour [1853] EWHC J72 (QB) is a landmark English contract law case on anticipatory breach of contract. It held that if a contract is repudiated before the date of performance, damages may be claimed immediately.
The fact that the emphasis in the earlier cases was upon the breach by one party to the contract of his contractual undertakings, for this was the commonest circumstance in which the question arose, tended to obscure the fact that it was really the event resulting from the breach which relieved the other party of further performance of his ...
The logic for proving foreseeability is that a party who can foresee a consequences of a breach of a contract can modify the contract price accordingly to compensate for the risk that is assumed. Further, in order to recover damages caused by a breach, the non-breaching party must act reasonably and timely to mitigate its damages.
In contract [83] and tort, [84] damages will be awarded if the breach of contract (or breach of duty) causes foreseeable loss. By contrast, a fraudulent misrepresenter is liable in the common law tort of deceit for all direct consequences, whether or not the losses were foreseeable.
Breach of contract; Anticipatory repudiation; ... their agreement was intended to have legal consequences. If the terms of a contract are so uncertain or ...