| 单词 | anticipatory breach of contract |
| 释义 | anticipatory breach of contract anticipatory breach of contract where a party to a CONTRACT inti- mates, or it becomes clear, that he is not going to perform on the due date, then there is said to be anticipatory breach: Hochster v. de la Tour (1853) 2 E&B 678. The difficulty is that the innocent party could, in many cases, in the time available mitigate his loss by finding anoth- er to perform. The unfortunate thing about that would be that the contract-breaker would escape liability. It is accepted that the inno- cent party may decline to accept the repudiation and instead sue on the due date, when, of course, the losses may be higher than at the anticipatory date: Tai Hing Cotton Mill v. Kamsing Knitting Factory [1979] AC 91. The most dangerous thing about the doctrine for a con- tract-breaker is the rule that a party may completely ignore the breach and himself perform on the due date, assuming he does not require the contract-breaker's assistance in so doing, and then sue for the obligations under the contract. The benefit of this course is that the claim is one for a due debt, not for damages, and there is therefore no need to mitigate loss: White & Carter (Councils) v. McGregor, 1962 SC (HL) 1. See also CANCELLATION. |
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