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 marksDifferentiate 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
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
- Read; underline the asks; jot your points 1 min
- 1 Actual breach 2 marks 3 min
- 2 Anticipatory breach (s. 39) 2 marks 3 min
- 3 Differences 2 marks 3 min
- 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.
| Basis | Actual breach | Anticipatory breach |
|---|---|---|
| Time | On or after the due date for performance, or during performance | Before the due date |
| Form | Failure or refusal to perform when performance is due | Express repudiation, or conduct making performance impossible |
| Injured party's options | Sue for damages | Rescind 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
| # | Component | Marks |
|---|---|---|
| 1 | Actual breach | 2 |
| 2 | Anticipatory breach (s. 39) | 2 |
| 3 | Differences | 2 |
| Total | 6 |
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