You know I never knew about anticipatory breach of contract up until I started my own business and dealt with businesses and companies. I have had difficulties getting a few commitments fulfilled and contracts being taken for granted. I was fed up so I decided to get my lawyer involved to understand if I could avoid these situations. He suggested that I go for anticipatory breach of contract in such cases. I had no clue and asked him what is anticipatory breach of contract. He was kind enough to explain it to me. I will be simply passing on the information I received.
In the Indian Contract Act 1872, the Anticipatory Breach of Contract is specified in Section 39. It says, “When a party to a contract has refused to perform or disable himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, but words or conduct, his acquiescence in its continuance.”
What is anticipatory repudiation?Also known as anticipatory repudiation, the anticipatory breach of contract is when a party in contract refuses to perform the obligations mentioned in contract before its due date. But let me mention this, it is not filed based on certain events, there needs to be sufficient refusal to fulfil the obligations in the contract by the promisor.
Anticipatory breach of contract exampleAn example to explain anticipatory repudiation is as follows:
Rajesh contracts to sell goods to Ritu within a due date, however before the due date he gives a written application to Ritu saying, “ I’ll not deliver the goods as promised.”
This shows clear refusal or performing duties as mentioned in the contract, therefore, the anticipatory breach of contract is indicated.
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What is anticipatory breach of contract?
Kismat
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3 Year
2021-11-09T16:30:52+00:00 2021-11-10T16:58:35+00:00Comment
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