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Exercises · Q9

Q.A agrees to supply 100 bags of wheat to B on 1st March. On 15th February, A informs B that he will not be able to supply the wheat at all. What type of breach has occurred, and what options does B have?

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A's declaration on 15th February — well before the agreed delivery date of 1st March — that he will not supply the wheat at all, is a clear express anticipatory breach of contract, since it is made before the time fixed for performance has arrived.

B's options on an anticipatory breach:

  1. Treat the contract as discharged immediately — B can rescind the contract at once (on 15th February itself) and sue A for damages for breach, without needing to wait until 1st March. …

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