Discharge by Breach

Question 1

Actual breach

Answer 1

Actual breach occurs where an obligation is not performed, or not performed properly.

Question 2

Anticipatory breach

Answer 2

Generally a breach of condition.

Anticipatory breach occurs where someone indicates in advance that they do not intend to perform.

The wronged party can choose whether to sue then or wait until performance is due.

Question 3

Breach

Answer 3

Was it a condition, warranty or innominate?

What can be done?

Question 4

Remedies

Answer 4

If one party does not carry out the contract terms as agreed the other party can sue for breach of contract

If a condition is breached the other party can repudiate the contract and/or claim damages

If the breach is anticipatory the other can sue immediately or wait until performance is due