Question

What remedies is/are available to the aggrieved party in an anticipatory breach of contract?

• A. Sue for damage
• B. Wait till the due date of performance
• C. Both (a) & (b)
• D. None

Answer 1

Answer: (C)

Both (a) & (b)

• Anticipatory breach of contract is when a party to contract fails to perform the part of the contract before the performance of contract becomes due. The anticipatory breach of contract can be either express or implied and gives two option to the injured or aggrieved party to the contract against whom the anticipatory breach of the contract has been committed.
  
• 
  
• When an anticipatory breach of contract occurs, the law requires the compliant party to act quickly to avoid potential losses, costs, or expenses that would take place as a result of the failure to fulfill a contract.
  
• The aggrieved person can also wait till the due date performance which enables him or her to see whether the other party will actually deliver on his or her repudiation or whether he or she decides to follow through on his or her contractual obligations