Anticipatory Breach in UK Law

  • Maredelanto Compania Naviera SA v Bergbau-Handel GmbH (The Mihalis Angelos)
    • Court of Appeal (Civil Division)
    • 01 July 1970
    ... ... : Was the "expected ready to load" clause a condition, such that for breach of it the charterers could throw up the charter? Or was it a mere warranty ... The words "anticipatory breach" are misleading. The cause of action isnot the future breach. It is ... ...
  • White and Carter (Councils) Ltd v McGregor
    • House of Lords
    • 06 December 1961
    ... ... of four weeks or in the event of the Advertiser being in any way in breach of this contract then the whole amount due for the 156 weeks or such part ... and citation of authority was advanced on the topic of anticipatory repudiation. That, in my view, was largely beside the point There is no ... ...
  • Heyman v Darwins Ltd
    • House of Lords
    • 20 February 1942
    ... ... broken by either of them; or as to the damage resulting from such breach; or as to whether the breach by one of them goes to the root of the ... of the word "repudiation" is to what is often called the anticipatory breach of a contract, where the party by words or conduct evinces an ... ...
  • Woodar Investment Development Ltd v Wimpey Construction U.K. Ltd
    • House of Lords
    • 14 February 1980
    ... ... They went, in fact, far beyond this when they threatened a breach of the contract with serious "consequences." ... of the word 'repudiation' is to what is often called the anticipatory breach of a contract where the party by words or conduct evinces an ... ...
  • Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (the "Golden Victory")
    • House of Lords
    • 28 March 2007
    ... ... which the Owners have lost (and which is calculable on the date of breach in the then prevailing circumstances) should thereafter vary according to ... pp 209-210) stated: "In my view, where there is an anticipatory breach of contract, the breach is the repudiation once it has been ... ...
  • Federal Commerce & Navigation Company Ltd v Molena Alpha Inc. (Benfri, Lorfri, Nanfri)
    • Court of Appeal (Civil Division)
    • 18 April 1978
    ... ... of non-payment of hire nor hold him guilty at that point of any breach of contract. If it subsequently turns out that he has deducted too much, ... the most important question, namely, did the owners commit an anticipatory breach of the charterparty which was repudiatory, and which, if it were, ... ...
  • Vitol S.A. v Norelf Ltd (Santa Clara)
    • House of Lords
    • 20 June 1996
    ... ... In view of the breach of this condition we must reject the cargo and repudiate the contract. We ... those conclusions that the rejection telexes constituted an anticipatory breach of the contract by Vitol. Unless that breach was accepted by ... ...
  • Photo Production Ltd v Securicor Transport Ltd
    • House of Lords
    • 14 February 1980
    ... ... (i) in the respondents' favour invoking the doctrine of fundamental breach. Waller L.J. in addition would have decided for the respondents on issue ... to be breached�by repudiatory breaches, accepted or not, anticipatory breaches, by breaches of conditions or of various terms and whether by ... ...
  • Federal Commerce & Navigation Company Ltd v Molena Alpha Inc. (Benfri, Lorfri, Nanfri)
    • House of Lords
    • 23 November 1978
    ... ... Their contention is that the owners have committed a repudiatory breach of contract so that they were entitled, as they did in October 1977, to ... charterers) clearly constituted a threat of a breach, or an anticipatory breach of the contract ... 17 Was this then such a threatened, or ... ...
  • Geys v Societe Generale, London Branch
    • Supreme Court
    • 19 December 2012
    ... ... payment amounting to more than €12.5m and to damages for breach of contract. The Bank's case is that the appellant is entitled to a ... whether he will accept repudiation and sue for damages for anticipatory breach or await the date of performance by the guilty party." [Emphasis ... ...
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