Anticipatory Breach in UK Law

Leading Cases
  • Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (the "Golden Victory")
    • House of Lords
    • 28 March 2007

    The contractual benefit for the loss of which the victim of the breach can seek compensation cannot escape the uncertainties of the future. The lodestar is that the damages should represent the value of the contractual benefits of which the claimant had been deprived by the breach of contract, no less but also no more.

  • Maredelanto Compania Naviera SA v Bergbau-Handel GmbH (The Mihalis Angelos)
    • Court of Appeal (Civil Division)
    • 01 July 1970

    One must look at the contract as a whole, and if it is clear that the innocent party has lost nothing, he should recover no more than nominal damages for the loss of his right to have the whole contract completed. The assumption has to be made that, had there been no anticipatory breach, the defendant would have performed his legal obligation and no more. The rights lost to the owners by reason of the assumed anticipatory breach were thus certain to be rendered valueless.

    If the contractual rights which he has lost were capable by the terms of the contract of being rendered either less valuable or valueless in certain events, and if it can be shown that those events were, at the date of acceptance of the repudiation, pre-destined to happen, then in my view the damages which he can recover are not more than the true value, if any, of the rights which he has lost, having regard to those pre-destined events.

  • Stocznia Gdanska SA v Latvian Shipping Company (No 2)
    • Court of Appeal (Civil Division)
    • 21 June 2002

    In my judgment, there is of course a middle ground between acceptance of repudiation and affirmation of the contract, and that is the period when the innocent party is making up his mind what to do. If he does nothing for too long, there may come a time when the law will treat him as having affirmed. If he maintains the contract in being for the moment, while reserving his right to treat it as repudiated if his contract partner persists in his repudiation, then he has not yet elected.

  • Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd
    • Court of Appeal (Civil Division)
    • 23 May 2013

    First, the task of the court is to look at the position as at the date of purported termination of the contract even in a case of actual rather than anticipatory breach. Second, in looking at the position at that date, the court must take into account any steps taken by the guilty party to remedy accrued breaches of contract. Third, the court must also take account of likely future events, judged by reference to objective facts as at the date of purported termination.

  • Lavarack v Woods of Colchester Ltd
    • Court of Appeal
    • 19 July 1966

    The law is concerned with legal obligations only and the law of contract only with legal obligations created by mutual agreement between contractors - not with the expectations, however reasonable, of one contractor that the other will do something that he has assumed no legal obligation to do.

    Where there is an anticipatory breach by wrongful repudiation, this can at best be an estimate, whatever the date of the hearing. But the assumption to be made is that the defendant has performed or will perform his legal obligations under his contract with the plaintiff and nothing more.

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  • European Union (Withdrawal Agreement) Act 2020
    • UK Non-devolved
    • January 01, 2020
    ...... (a) would be in breach of the obligations of the United Kingdom under Article 20 of the EU ... SCH-5. . . “ 23A. Anticipatory exercise of powers in relation to section 1B(2) saved law . Any power to ......
  • The Port of Tilbury (Expansion) Order 2019
    • UK Non-devolved
    • January 01, 2019
    ...... of any activity authorised by the Order which interferes with or breaches those rights, . whichever is the earlier. . (3) Subject to the .... Anticipatory steps towards compliance with any requirement . 18 . If before this Order ......
  • The A585 Windy Harbour to Skippool Highway Development Consent Order 2020
    • UK Non-devolved
    • January 01, 2020
    ...... of any activity authorised by this Order which interferes with or breaches those rights. . (4) Subject to the provisions of this article, all ...Anticipatory steps towards compliance with any requirement Anticipatory steps towards ......
  • Planning (Wales) Act 2015
    • Wales
    • January 01, 2015
    ...... ENFORCEMENT, APPEALS ETC . Enforcement Enforcement . S-43 . Breach of planning control: enforcement warning notice 43 Breach of planning ...30). (anticipatory exercise of powers) in relation to this Act. . (4) The following ......
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Books & Journal Articles
  • The Embiricos Principle and the Law of Anticipatory Breach
    • Nbr. 47-4, July 1984
    • The Modern Law Review
  • Understanding Intimidation
    • Nbr. 77-1, January 2014
    • The Modern Law Review
    This article examines the gist, vitality and practical utility of the tort of intimidation and identifies what count as unlawful threats and as actionable harm. While two versions of the tort have ...
    ...... supplied under the law of contract via the doctrines of anticipatory breach, duress and economic duress. The article concludes with two radical ......
    • Nbr. 37-2, March 1974
    • The Modern Law Review
    ...... which might have occurred had there never been a breach of duty or a breach of contract might be taken as an ... Imagine a shipowner who sues for an anticipatory breach of a charterparty, but who would not have been ......
    • Nbr. 41-2, March 1978
    • The Modern Law Review
    ...... Many of the cases commonly cited are not in point because they deal with cases of anticipatory breach and not with the analysis of the effeot of an immediate repudiatory breach. This distinction is vital, for, as the ......
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Law Firm Commentaries
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