question involved. In other words, with
respect to an anticipatory breach of contract
before the expiry of period fixed under the
agreement between the parties ... only a claim for damages treating the
breach as ending the contract. Anticipatory breach
of contract could not give him a cause of action
party to a contract repudiates the contract, the
other party to the contract who claims specific performance
of the contract is absolved from his obligation ... anticipatory breach of the
contract, the other party to the contract may treat the
breach as putting an end to the contract
termination of clause on the ground that there
was anticipatory breach of contract. It maybe noted
that the revised time lines were agreed ... contract is an
accepted principle. It is contended that Section 39 of
the Indian Contract Act embodies the doctrine of
anticipatory breach and the rule
against the defendant for breach of
contract/for specific performance of a contract, because of the anticipatory
breach of agreement to sell dated ... anticipatory breach simply means that a party is in breach from
the moment his actual breach becomes inevitable ( Mulla on Indian Contract
th
and Specific
promise, and that is wrongful, His breach is a breach of a presently binding promise, not an anticipatory breach of an act to be done ... regards the repudiation as a failure to perform the contract. The anticipatory breach takes effect as a premature destruction of the contract rather than
date of the demand, at the most there was anticipatory breach of contract and until and unless it was shown that such anticipatory breach
anticipatory breach is not entitled to seek the equitable relief for specific performance. Since the petitioner had committed anticipatory breach of contract, the petitioner would ... said judgment to the effect that where a party to contract commits an anticipatory breach of the contract, the other party to the contract
party to a contract repudiates the contract, the other party to the contract who claims specific performance of the contract is absolved from his obligation ... anticipatory breach of the contract, the other party to the contract may treat the breach as putting an end to the contract
party to a contract repudiates the
contract the other party to the contract which
claims specific performance of the contract is
absolved from his obligation ... contract. In our
view, this argument cannot be accepted. It is
settled in law that where a party to a contract
commits an anticipatory breach
plaintiff is guilty of having committed anticipatory breach.
8. Some terms in the contract have to be implied if there is doubt about the real
