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Breach of Contract 💔

Definition: Failure of a party to perform his obligation without legal excuse.

Types of Breach 🎭

1. Actual Breach

Happens on the due date or during performance.

  • Example: On 1st Jan (Due date), A refuses to deliver goods.

2. Anticipatory Breach

Happens before the due date.

  • Example: Due date is 1st Jan. On 15th Dec, A tells B: "I will not deliver."
  • Options for Aggrieved Party (B):
    1. Rescind immediately: Treat contract as ended and sue for damages NOW.
    2. Wait till due date: Keep contract alive. (Risk: If war starts before due date, A gets excused by frustration!).
Avery vs Bowden

Famous case. Bowden refused to load cargo (Anticipatory Breach). Avery waited. Before due date, Crimean War started. Contract became void. Avery lost his right to sue! Moral: Sometimes it's better to sue immediately.

Quiz Time! 🎯

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💡 Final Wisdom: "Anticipatory breach is like a warning shot. You can fire back immediately, or wait for the enemy to come closer. But waiting has risks!" 🔫

Next up: Remedies for Breach - Getting Justice! ⚖️

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