Anticipatory Breach in UK Law

Leading Cases
  • Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (the "Golden Victory")
    • House of Lords
    • 28 Mar 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 Jul 1970

    Seeing that the renunciation itself is the breach, the damages must be measured by compensating the injured party for the loss he has suffered by reason of the renunciation. You must take into account all contingencies which might have reduced or extinguished the loss. It follows that if the defendant has under the contract an option which would reduce or extinguish the less, it will be assumed that he would exercise it.

    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 Jun 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.

  • Vitol S.A. v Norelf Ltd (Santa Clara)
    • House of Lords
    • 20 Jun 1996

    (2) An act of acceptance of a repudiation requires no particular form: a communication does not have to be couched in the language of acceptance. It is sufficient that the communication or conduct clearly and unequivocally conveys to the repudiating party that that aggrieved party is treating the contract as at an end.

  • Heyman v Darwins Ltd
    • House of Lords
    • 20 Feb 1942

    If one party so acts or so expresses himself, as to show that he does not mean to accept and discharge the obligations of a contract any further, the other party has an option as to the attitude he may take up. But repudiation by one party standing alone does not terminate the contract: it takes two to end it, by repudiation, on the one side, and acceptance of the repudiation, on the other.

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Legislation
  • European Union (Withdrawal Agreement) Act 2020
    • UK Non-devolved
    • 1 de Enero de 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
    • 1 de Enero de 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
    • 1 de Enero de 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
    • 1 de Enero de 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
    • Núm. 47-4, Julio 1984
    • The Modern Law Review
  • Understanding Intimidation
    • Núm. 77-1, Enero 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 ......
  • READY AND WILLING TO PERFORM: THE PROBLEM OF PROSPECTIVE INABILITY IN THE LAW OF CONTRACT
    • Núm. 37-2, Marzo 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 ......
  • THE EFFECT OF A REPUDIATORY BREACH
    • Núm. 41-2, Marzo 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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