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In case of anticipatory breach of contract, the aggrieved party may treat the contract:
- a)As discharged and bring an immediate action, for damages.
- b)As operative and wait till the time of performance arrives.
- c)Exercise either of the options listed in (a) and (b) as above.
- d)None of the above.
Correct answer is option 'C'. Can you explain this answer?
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In case of anticipatory breach of contract, the aggrieved party may tr...
Understanding Anticipatory Breach of Contract
In the context of contract law, an anticipatory breach occurs when one party indicates, either through words or actions, that they will not perform their contractual obligations before the performance is due. This situation gives the aggrieved party certain rights.
Options Available to the Aggrieved Party
The aggrieved party has two primary options when faced with an anticipatory breach:
Why Option C is Correct
The correct answer is option 'C', which states that the aggrieved party can exercise either of the options listed in (a) and (b). This flexibility allows the aggrieved party to assess the situation based on their interests and the likelihood of performance by the other party.
Conclusion
Thus, the aggrieved party can strategically decide how to respond to an anticipatory breach, reflecting their interests and the specific context of the contract. This dual option protects their rights while allowing for potential future performance.
In the context of contract law, an anticipatory breach occurs when one party indicates, either through words or actions, that they will not perform their contractual obligations before the performance is due. This situation gives the aggrieved party certain rights.
Options Available to the Aggrieved Party
The aggrieved party has two primary options when faced with an anticipatory breach:
- Option A: Treat the contract as discharged and initiate an immediate action for damages. This means that the aggrieved party can choose to terminate the contract and seek compensation for any losses incurred due to the breach.
- Option B: Treat the contract as still operative and wait until the time of performance arrives. The aggrieved party may choose to wait and see if the breaching party will fulfill their obligations when the time comes.
Why Option C is Correct
The correct answer is option 'C', which states that the aggrieved party can exercise either of the options listed in (a) and (b). This flexibility allows the aggrieved party to assess the situation based on their interests and the likelihood of performance by the other party.
- By choosing option (a), they can mitigate losses quickly.
- By opting for (b), they may benefit from fulfilling the contract if the breach is only temporary or if circumstances change.
Conclusion
Thus, the aggrieved party can strategically decide how to respond to an anticipatory breach, reflecting their interests and the specific context of the contract. This dual option protects their rights while allowing for potential future performance.
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In case of anticipatory breach of contract, the aggrieved party may tr...
Option C because we have two cases either recind the contract or assume it still operation and wait till the actual performance.
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In case of anticipatory breach of contract, the aggrieved party may treat the contract:a)As discharged and bring an immediate action, for damages.b)As operative and wait till the time of performance arrives.c)Exercise either of the options listed in (a) and (b) as above.d)None of the above.Correct answer is option 'C'. Can you explain this answer?
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