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When prior to the due date of performance, the promisor absolutely refuses to perform the contract, it is known as
- a)abandonment of contract.
- b)remission of contract.
- c)actual breach of contract.
- d)anticipatory breach of contract.
Correct answer is option 'D'. Can you explain this answer?
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Verified Answer
When prior to the due date of performance, the promisor absolutely ref...
Anticipatory Breach of Contract: It occurs when prior to the due date of performance, the promisor absolutely refuses or disables himself from the performance of his obligations. In other words, it is a declaration by one party of his intention not to perform his obligations under the contract.
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When prior to the due date of performance, the promisor absolutely ref...
Anticipatory breach of contract refers to a situation where prior to the due date of performance, the promisor absolutely refuses to perform the contract. This means that the promisor has communicated to the promisee that they will not be able to fulfill their obligation under the contract.
Explanation:
Anticipatory breach of contract occurs when the promisor repudiates the contract before the time for performance arrives. This means that the promisor has communicated to the promisee that they will not be able to fulfill their obligation under the contract. The promisee can treat this as an actual breach of contract and sue for damages immediately, without waiting for the due date of performance.
For example, if a contractor agrees to build a house for a homeowner but then tells the homeowner a month before the due date of performance that they will not be able to complete the project, this would be an anticipatory breach of contract.
Consequences:
The consequences of an anticipatory breach of contract can be severe for the promisor. The promisee can treat it as an actual breach of contract and sue for damages immediately. The promisee can also cancel the contract and seek damages for any losses suffered as a result of the breach. The promisee can also seek specific performance of the contract if it is possible and practical to do so.
Conclusion:
An anticipatory breach of contract is a serious matter and can have significant consequences for both parties. It is important for both parties to communicate clearly and effectively to avoid any misunderstandings and to ensure that the contract is fulfilled as agreed upon.
Explanation:
Anticipatory breach of contract occurs when the promisor repudiates the contract before the time for performance arrives. This means that the promisor has communicated to the promisee that they will not be able to fulfill their obligation under the contract. The promisee can treat this as an actual breach of contract and sue for damages immediately, without waiting for the due date of performance.
For example, if a contractor agrees to build a house for a homeowner but then tells the homeowner a month before the due date of performance that they will not be able to complete the project, this would be an anticipatory breach of contract.
Consequences:
The consequences of an anticipatory breach of contract can be severe for the promisor. The promisee can treat it as an actual breach of contract and sue for damages immediately. The promisee can also cancel the contract and seek damages for any losses suffered as a result of the breach. The promisee can also seek specific performance of the contract if it is possible and practical to do so.
Conclusion:
An anticipatory breach of contract is a serious matter and can have significant consequences for both parties. It is important for both parties to communicate clearly and effectively to avoid any misunderstandings and to ensure that the contract is fulfilled as agreed upon.
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When prior to the due date of performance, the promisor absolutely ref...
Promisor refuse to peform the contract before the date of contract. it is known as anticipatory breach of contract.
anticipatory means initial
let's taken an example
A agrees to sell goods to B on 20/march.but A refuse to sell to B on 15/march
A breach the contract before 20/march this is known as anticipatory breach of contract.
anticipatory means initial
let's taken an example
A agrees to sell goods to B on 20/march.but A refuse to sell to B on 15/march
A breach the contract before 20/march this is known as anticipatory breach of contract.
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When prior to the due date of performance, the promisor absolutely refuses to perform the contract, it is known asa)abandonment of contract.b)remission of contract.c)actual breach of contract.d)anticipatory breach of contract.Correct answer is option 'D'. Can you explain this answer?
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