Anticipatory breach. An anticipatory breach of contract is a breach of contract occurring before the time fixed for performance has arrived. (a) Expressed by words spoken or written. Here a party to the contract communicates to the other party, before the due date of performance, his intention not to perform it. For example, A contracts with B to supply 100 bags of wheat for Rs 60,000 on 1st March. On 15th February A inform B that he will not be able to supply the wheat. There is an express rejection of the contract. (b) Impliedly by the conduct of one of the parties. Here a party by his own voluntary act disables himself from performing the contract. For example, (i) a person contracts to sell a particular horse to another on 1st of June and before that date he sells the horse to somebody else; (ii) A agrees to marry B but before the agreed date of marriage she marries C. In both the above cases there occurs an anticipatory breach of contract brought about by the conduct of one of the parties.
Posted on: Thu, 14 Nov 2013 14:12:30 +0000
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