Agribility - Anticipatory Breach

Anticipatory breach

This module will enable you to understand “Anticipatory Breach” of contract, essentially a breach before performance of the contract is due. The module assumes that the learner already understands the general concept of breach i.e. breaking the contract by non- performance, late performance  or defective performance, and breach of condition compared to breach of a minor term or warranty.

By the end of this module, the learner will:

• Understand how anticipatory breach differs from usual or actual breach of contract;
• Know the different terminology used in cases of anticipatory breach;
• Know what the available options are when a counterparty commits anticipatory breach;
• Understand the impact of anticipatory breach on damages which may be recoverable in arbitration.