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Breach Of Contract...
Breach of contract can be either an actual
breach or an anticipatory breach. An actual
breach of contract occurs where on party
either fails to perform their side of the
contract or performs it improperly. An
anticipatory breach is where one party is due
to perform their part of the contract in the
future and before the date of performance,
they inform the other party they will not be
performing the contract…read more

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Actual Breach...
Non Performance
An example of this is when a party is due to sing at a
concert and will be paid for this. If the singer fails to
come to the concert, then this will be an actual
breach.
In Pilbrow v Pearless de Rougemont & Co (1998) a
man arranged to see a solicitor for advice on a legal
point. His case was not dealt with by a solicitor or
legal executive. When he realised this the man
refused to pay the full bill. The solicitors sued him for
the balance. The court of Appeal held that the
contract was to provide the services of a solicitor. So
even if the advice was correct there was an actual
breach of contract and it had not been performed.…read more

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Actual Breach...
Improper Performance
This occurs where the contract is performed
but not quite as agreed in the contract. An
example is Bunge Corporation v Tradox
Export SA (1981) where a buyer was required
by the contract to give at least 15 days'
notice of readiness to load a ship. In fact the
buyer only gave 13 days' notice. This was
improper performance of the contract.…read more

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Anticipatory Breach...
In some contracts there is an agreement to do
something in the future, for example a band
may agree to perform at a festival on the 15th
of June next year. If in April the band splits and
say they wont be able to do the concert, this is
anticipatory breach. The contract is not due to
be performed until 15th June but the other
person need not wait until then to claim for
breach of contract. He can claim once it has
been made clear that the band will not
perform, that is anticipatory of the breach.…read more

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Holchester v de la Tour (1853)
In this case a man was hired to work as a courier.
The work was dude to start two months after the
contract was made. One month after the making
of the contract, the defendants wrote to the man
cancelling the contract. This was an anticipatory
breach of contract and the man was entitled to
sue the defendants straight away . An important
point in anticipatory breach cases is that the
innocent party can sue for breach of contract
immediately once the breach has occurred. It is not
necessary to wait until the date the contract was
due to be performed.…read more

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