WA anticipatory breach

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SimonTrip

Member
7 August 2020
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Hello, in the situation where it is clear and obvious that party a explicitly ‘repudiates’ a contract by ‘anticipatory breach' and party b ignores it. Aside from missing the opportunity to rescind the contract are there any other repercussions to party b?

Thanks
 
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Agree with Jonathan that require more details. However, there is a chance that if party b ignores the repudiation, it may amount to an election to waive its rights to terminate the contract. You must identify the differences between recisssion and termination - with respect to available remedies. If the contract is recinded, it places the parties in the position they were, immediately prior to entering the contract. This will usually entitle the party that recinds the contract damages (to get their money back).

Termination, on the other hand allows the parties to be put in the position, had the contract been performed... this provides the plaintiff in litigation to seek damages that flow from the breach. For example, loss of chance/opportunity and other such damages.

I am going to go out on a limb here, solely based on your question, and guess that you are a law student. If I am correct, you need to review Hadley and Baxendale It is an important case - as is Robinson and Harman.

If I am wrong and you are not a law student, then you should speak to a lawyer to get proper legal advice. The entire facts and evidence needs to be examined as well as the contract - which often limits liability, indemnities on or more parties, sets out essential, intermediate terms and warranties and a whole lot more.

Hope this helps
Ben
 
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