What options does the innocent party have after an anticipatory breach?

The innocent party may accept the repudiation, terminate and sue immediately. The alternative is to affirm the contract and wait for the date of performance.

What is the risk of affirming after an anticipatory breach?

Avery v Bowden (1855) shows that an intervening event may discharge the contract by frustration. The innocent party then loses the right to claim damages.

What happened in Avery v Bowden (1855)?

Avery v Bowden (1855) concerned a charterer who failed to load cargo at Odessa. The shipowner waited, and the outbreak of the Crimean War then frustrated the contract.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

Topic overview Delegated legislation and enabling Acts Statutory instruments By-laws Orders in Council and Henry VIII powers Parliamentary controls on delegated legislation Judicial control and the ultra vires doctrine Reasons for the use of delegated legislation Advantages and disadvantages of delegated legislation Devolved legislatures

Statutory Interpretation

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Judicial Precedent

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The Civil Courts and Civil Process

Topic overview The civil courts and their jurisdiction Starting a claim and the Civil Procedure Rules Allocation to track and case management Civil appeals and the appellate courts Tribunals: development, role and control Arbitration Mediation, conciliation and negotiation Trial, judgment and enforcement Justice, interests and barriers in the civil process

The Criminal Process

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Legal Personnel

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Access to Justice and Funding

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Contract: Rules and Theory of Contract LawContract

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Contract: Essential Requirements and FormationContract

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Contract: Express and Implied TermsContract

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Contract: Misrepresentation and Economic DuressContract

Topic overview What counts as an actionable misrepresentation Statements of opinion, intention and expertise Silence, half-truths and changing circumstances Inducement and reliance Fraudulent misrepresentation Negligent misrepresentation Innocent misrepresentation and remedies under the Act Rescission and the bars to rescission Economic duress

Contract: Discharge of ContractContract

Topic overview Discharge by performance and the rule in Cutter v Powell Exceptions to the entire performance rule Time of performance and tender of performance Discharge by agreement Discharge by actual breach Anticipatory breach Frustration: impossibility, death and incapacity Frustration: illegality, sterility and radical change Limits on frustration and the Law Reform (Frustrated Contracts) Act 1943

Contract: RemediesContract

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Tort: Occupiers' LiabilityTort

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Tort: Vicarious LiabilityTort

Topic overview The nature of vicarious liability The purpose of vicarious liability and the arguments about it Tests for the status of employment: control and integration The economic reality test and the modern multiple test Relationships akin to employment Scope of employment: authorised acts done in an unauthorised way Frolic of his own, detours and journeys Intentional wrongdoing and the close connection test Independent contractors and unusually hazardous activities

Tort: Defences and RemediesTort

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Criminal Law: General Elements of LiabilityCriminal

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Criminal Law: Offences Against the PersonCriminal

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Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation Theft: property Theft: belonging to another Theft: dishonesty Theft: intention permanently to deprive Robbery Burglary with intent under section 9(1)(a)Burglary by theft or grievous bodily harm under section 9(1)(b)Buildings, dwellings and trespass in burglary

Criminal Law: Capacity DefencesCriminal

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Criminal Law: Necessity Defences and Preliminary OffencesCriminal

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Human Rights: Rules and TheoryHuman rights

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Human Rights: Convention ProvisionsHuman rights

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Human Rights: Restrictions on Convention RightsHuman rights

Topic overview How a qualified right may lawfully be restricted Freedom of assembly and public order law Police powers of stop and search Police powers of arrest and detention Search of premises, terrorism powers and remedies Interception of communications and surveillance Confidentiality, official secrets and contempt of court Obscenity and the control of publication Defamation, trespass and harassment

Human Rights: EnforcementHuman rights

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The Nature of Law

Topic overview Legal rules, other norms and the sources of law Law and society: fault and competing interests Law and morality Law and justice: theories of justice

Contract: Discharge of Contract

Anticipatory breach

3 things to know
Components 2 and 3

Overview

Hochster v De La Tour and the right to sue at once, the choice between accepting the repudiation and affirming, the risk Avery v Bowden illustrates, and the limits on White and Carter.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What is anticipatory breach?

Numbers

Which case established that a claim can be brought immediately?

Key term

How can anticipatory breach be shown by conduct?

Questions from this subtopic

Each one with the model answer underneath.

1
What is anticipatory breach?
Model answer
Anticipatory breach occurs where a party makes clear before performance is due that it will not perform. The innocent party need not wait for the date of performance.
2
Which case established that a claim can be brought immediately?
Model answer
Hochster v De La Tour (1853) allowed a courier to sue as soon as the employer cancelled the engagement. The claim was brought before the employment was due to begin.
3
How can anticipatory breach be shown by conduct?
Model answer
Selling the subject matter to someone else shows an inability to perform. Conduct making performance impossible amounts to anticipatory breach.
4
What options does the innocent party have after an anticipatory breach?
Model answer
The innocent party may accept the repudiation, terminate and sue immediately. The alternative is to affirm the contract and wait for the date of performance.
5
What is the risk of affirming after an anticipatory breach?
Model answer
Avery v Bowden (1855) shows that an intervening event may discharge the contract by frustration. The innocent party then loses the right to claim damages.
6
What happened in Avery v Bowden (1855)?
Model answer
Avery v Bowden (1855) concerned a charterer who failed to load cargo at Odessa. The shipowner waited, and the outbreak of the Crimean War then frustrated the contract.

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