Question 2 OR (c)

Actual breach and anticipatory breach distinguished

6 marks

Time to write
About 12 minutes
Topic
Breach and remedies
Notes
Crux notes

Question

Question 2 OR (c) · 6 marks

Differentiate between Actual Breach and Anticipatory Breach.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

12 minfor 6 marks

Read from the question

  • Differentiate betweenSet the differences out in a table, basis by basis, not as two separate essays.

What the paper leaves open

Only a combined mark of 18 is printed for parts (a) to (c); each part is reckoned here at 6 marks (inferred).

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Actual breach 2 marks 3 min
  3. 2 Anticipatory breach (s. 39) 2 marks 3 min
  4. 3 Differences 2 marks 3 min
  5. Check: every ask answered, key terms underlined 2 min

Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks.

Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Actual breach. A refusal to perform the promise on the date fixed, or a failure or refusal to perform during the performance of the contract: A agrees to deliver 100 bags of sugar to B on 1 February and fails to supply them that day. The other party obtains a right of action against the party who refused.

Anticipatory breach. A breach occurring before the time fixed for performance: the promisor refuses altogether to perform and signifies his unwillingness before the due date, expressly (A writes on 30 July that he will not supply cotton due on 14 August) or by conduct (A, having agreed to sell his horse to B on 10 August, sells it to C on 1 August). Section 39 deals with it.

Differences.

BasisActual breachAnticipatory breach
TimeOn or after the due date for performance, or during performanceBefore the due date
FormFailure or refusal to perform when performance is dueExpress repudiation, or conduct making performance impossible
Injured party's optionsSue for damagesRescind at once and sue, or wait for the due date; if he waits, the promisor may still perform and may rely on a supervening impossibility

Where the 6 marks sit

#ComponentMarks
1Actual breach2
2Anticipatory breach (s. 39)2
3Differences2
Total6
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