Breach of contract

A. Actual breach of contract

When a party fails to perform their obligations under a contract, that party may be sued for breach of contract.

breach of condition

gives the right to repudiate the contract and/or sue for damages (provided that the term breached goes to the root of the contract – Schuler v Wickman

breach of an innominate term

the right to repudiate will only be available if the breach is sufficiently serious to amount to a breach of condition (The Hansa Nord).

B. Anticipatory breach

This is when a party to a contract is aware the other party will not be performing or completing the contract, for example, they are informed of this.

B) The innocent party has the choice, either to

• repudiate the contract due to breach of condition and claim damages. If term actually a warranty - they could themselves be in breach of condition by repudiating the contract,

• wait for the time agreed for performance of the contract and repudiate the contract if it is a breach of condition and/or sue for damages

Hochster v de la Tour

He was able to immediately repudiate the contract as there was a breach of contract and did not have to wait until the actual breach of contract, which would have occurred in June. He could recover damages for the money he would have received had the contract been fulfilled.