ANTICIPATORY BREACH OF CONTRACT

FINAL DRAFT SUBMITTED IN THE FULFILLMENT OF THE COURSE TITLED-

LAW OF CONTRACTS-I

SUBMITTED TO:

Mrs. SUSHMITA SINGH,

TEACHER ASSOCIATE,

SUBMITTED BY:

NAME: MANI RAJ ,

COURSE: B.A.LLB (HONS),

ROLL. NO: 2124

SEMESTER: 2nd

SESSION: 2019-24

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA – 800001

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 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.A. LL.B (Hons.) Project Report entitled
“ANTICIPATORY BREACH OF CONTRACT” submitted at Chanakya National Law
University is an authentic record of my work carried out under the supervision of Mrs.
SUSHMITA SINGH. I have not submitted this work elsewhere for any other degree or
diploma. I am fully responsible for the contents of my Project Report.

SIGNATURE OF CANDIDATE

NAME OF CANDIDATE: MANI RAJ

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

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 ACKNOWLEDGEMENT

I would like to thank my faculty Mrs. SUSHMITA SINGH whose guidance helped me a lot
with structuring my project.

I owe the present accomplishment of my project to my friends, who helped me immensely

with materials throughout the project and without whom I couldn’t have completed it in the
present way.

I would also like to extend my gratitude to my parents and all those unseen hands that helped
me out at every stage of my project.

THANK YOU,

NAME: MANI RAJ

COURSE: B.A. LL.B. (Hons.)

ROLL NO: 2124

SEMESTER – 2nd

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 Table of Contents

I. INTRODUCTION.............................................................................................................................5
II. AIMS AND OBJECTIVES..................................................................................................................6
III. RESEARCH QUESTIONS..................................................................................................................6
IV. HYPOTHESIS...................................................................................................................................6
V. RESEARCH METHODOLOGY...........................................................................................................6
VI. AN INTRODUCTION: BREACH OF CONTRACT.................................................................................7
VI.1 TYPES OF BREACHES IN CONTRACT............................................................................................7
VII. ANTICIPATORY BREACH OF CONTRACT.......................................................................................10
VIII. DIFFERENCE BETWEEN ANTICIPATORY AND FUNDAMENTAL BREACH OF CONTRACT................15
IX. EFFECT OF ANTICIPATORY BREACH OF CONTRACT......................................................................16
X. REMEDIES UNDER ANTICIPATORY BREACH OF CONTRACT..........................................................17
XI. CASES OF ANTICIPATORY BREACH OF CONTRACT.......................................................................19
XII. CONCLUSION...............................................................................................................................20
XIII. BIBLIOGRAPHY.............................................................................................................................21

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 I. INTRODUCTION

Anticipatory breach of contract is the act of breaking a contract before the deadline for
meeting contractual obligations.

Anticipatory breach of contract is the act of breaking a contract before the deadline for
meeting contractual obligations. It occurs when one party in a contract expresses his or her
inability or unwillingness to perform the tasks specified in the contract. In such a situation,
the nondefaulting party can take legal action against the breaching party. An anticipatory
breach of contract does not necessarily have to be confirmed in writing or vocally; it can also
occur through actions or direct or implied communication.

A breach of contract can happen ahead of time. The moment one contracting party shows that
he or she cannot or will not perform his or her contractual duties, a breach has occurred. This
is called an anticipatory breach of contract or contract repudiation. When an anticipatory
contract breach takes place, the nondefaulting party is no longer required to perform his or
her obligations under the contract.

Usually, the breaching party will indicate to the other party that he or she is unable or
unwilling to fulfill the contract before the deadline for performance. The innocent party can
start taking legal action by proving the offending party's intention to breach the contract. He
or she is not required to have written or vocal confirmation. Inability to perform a certain

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obligation on time is also a breach. The nondefaulting party does not have to wait until the
contract terms are broken to declare an anticipatory breach of contract.

II. AIMS AND OBJECTIVES

The researcher tends to emphasize on the study of –

I. Breach of Contracts and its types.

II. Anticipatory breach of contracts.
III. Difference between fundamental and anticipatory breach of contract.
IV. Measures of damages under anticipatory breach of contract.

III. RESEARCH QUESTIONS

I. What is breach of contracts and its types?

II. What is the anticipatory breach of contract and its types?
III. What are the differences between the fundamental and anticipatory breach of
contract?
IV. What are the measures of damages in anticipatory breach of contract?

IV. HYPOTHESIS

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 I. The researcher feels that the anticipatory breach of contract is the premature destruction of
the contract.
II. The researcher tends to presume that the anticipatory breach of contract is same as
fundamental breach of contract.

V. RESEARCH METHODOLOGY

The researcher will mainly go doctrinal kind of research , secondary sources including web.

VI. AN INTRODUCTION: BREACH OF CONTRACT

A contract is breached or broken when any of the parties fails or refuses to perform its
promise under the contract. Breach of contract is a legal cause of action in which a binding
agreement is not honored by one or more parties by non-performance of its promise by him
renders impossible.

Section 37 of the Indian Contract Act,1872 provides that the parties to the contract are under
obligation to perform or offer to perform, their respective promises under the contract, unless
such performance is dispensed with or excused under the provisions of the Indian Contract
Act or of any other law.

According to Section 39, where the party has refused to perform or disabled himself from
performing, his promise in its entirely, the other party may put an end to the contract, , unless
that other party has expressly or impliedly signified its consent for the continuance of
contract. If the other party chooses to put an end to the contract, the contract is said to be
broken and amounts to breach of contract by the party not performing or refusing to perform
its promise under the contract. This is called repudiation. Thus repudiation can occur when
either party refuses to perform his part or makes it impossible for him to perform his part of
contract in each of the cases in such a manner as to show an intention not to fulfil his part of
the contract.

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VI.1 TYPES OF BREACHES IN CONTRACT

There are four types of contract breaches recognized by the law today:

 Minor breach

 Material breach

 Fundamental breach
 Anticipatory breach.

A minor or partial breach is when the non-breaching party of the contract is not entitled to
an order for performance of its obligations but only to collect the damages for which they are
owed. For instance, if a homeowner hires a contractor to install new windows in a home and
asks for wind resistant windows but the contractor uses windows that aren’t wind resistant the
homeowner will ask the contractor for damages incurred. Since there is no difference in value
between the two windows, the homeowner will not be awarded any damages. If there was a
difference between the two windows then the homeowner would have been awarded damages
that amount to the difference between the two windows.

A material breach is when there is a failure to perform a part of a contract that permits the
other party of the contract to ask for damages because of the breach that has occurred. For
example, if the contractor mentioned above uses windows that aren’t wind resistant and the
windows break, the homeowner can collect damages for replacing the windows with the wind
resistant ones. The following, as defined by the Restatement of Contracts, must be present to
determine whether or not a material breach has occurred:

 The extent to which the injured party will be deprived of the benefit which he
reasonably expected

 The extent to which the injured party can be adequately compensated for the part of
that benefit of which he will be deprived

 The extent to which the party failing to perform or to offer to perform will suffer
forfeiture

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  The likelihood that the party failing to perform or to offer to perform will cure his
failure, taking account of all the circumstances including any reasonable assurances

 The extent to which the behavior of the party failing to perform or to offer to perform
comports with standards of good faith and fair dealing.

A fundamental breach of a contract is when the person that has had the contract breached
against can sue the breaching party for damages incurred as well as terminate the contract if
they wish to do so.

An anticipatory breach of a contract is when the non-breaching party realizes that the other
party of the contract will fail to perform his or her part of the contract in the future and can
terminate the contract and sue for damages before the breach happens.

In the majority of cases involving the breach of a contract, the damages awarded to the non-
breaching party is typically in the form of money. In some instances, a judge can award an
injunction or specific performance when monetary compensation for a breach of contract
does not settle the breach effectively. Punitive damages are not awarded in a breach of
contract in the United States but they may be awarded for other causes of action in a lawsuit.

Anyone that has had a contract breached against them should consult legal help immediately
to protect their rights in a court of law. A contract law attorney will be able to answer any
questions that a non-breaching party or a breaching party has regarding their breach of
contract case. A contract law attorney will also be able to describe, in detail, how the party
should go about defending their case or proving their case for damages to be awarded.

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 VII. ANTICIPATORY BREACH OF CONTRACT

Anticipatory breach of contract is a declaration made by one of the contracting parties of his
intention not to fulfill the contract. And proclaim that he will no longer remain bound by it.

The anticipatory renunciation or repudiation that has affected and gave away immediate
rights of action upon the contracting parties thereto, was recognized as early as 1853 in the
case of Hochester v. De La Tour (1853) 2E &B 678:95RR 747: 118Er 922: 22LJQB
455,  where in April, De La Tour engaged Hochester as his courier for three months from
1st June 1852 onwards, and was told to accompany him to a tour around the European
Continent. However on the 11th of May of that year, (De La Tour) the defendant had written
to say that the plaintiff’s services were no longer required. Thus on May 22 nd Hochester sued.
The defendant’s counsel very powerfully argued that Hochester was still under an obligation
to stay ready and willing to perform till the day when the performance was due and there
could commence no action before. But Lord Campbell CJ ruled out the objection, and
allowing the claim pointed out that a contract is contract from the date it is made and not
from the date that its performance is due.

However the principle also applies to contingent contract, as was the case in Frost v Knight
(1872) 7Exch 111.  The defendant promised to marry the plaintiff on the event of the death of
his father. The father was then still living and the defendant proclaimed his intention that he
would not fulfill his promise on the event of his father’s death off the engagement. The

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plaintiff did not wait for the death of the father, but immediately brought an action for the
breach of contract. He asserted that the breach could arise only on the contingency taking
place. But CockBurn CJ held that the case falls within the principle of Hochester v. De La
Tour, hence the option is with the aggrieved party to sue immediately or wait for the
performance.

In 1957 case, Universal Cargo, Justice Delvin said:

“Anticipatory breach means that a party is in breach from the moment that his actual breach
becomes inevitable. Since the reason for the rule is that a party is allowed to anticipate an
inevitable event and is not obliged to wait till it happens, it must follow that the breach which
he anticipates is of just the same character as the breach which would actually have occurred
if he had waited.”

A failure to perform a contract whether it is total or a partial failure will not constitute an
anticipatory breach of contract. The reason for this is that, this breach can only take place
once performance of the contract is due. Accordingly this will constitute an actual breach of
contract rather than an anticipatory breach of contract.

Renunciation is the main avenue by which a party can show that there has been an
anticipatory breach of the contract.

The following four key factors will be taken into consideration in determining whether there
has been a dismissal of a contract amounting to an anticipatory breach:

 If there has been a clear case of refusal to perform contractual obligations that it
goes to the root of the contract.
 The renunciation or repudiation to perform a contract cannot be conditional on
certain circumstances taking place. The refusal, therefore should be absolute.
 When deciding whether there has been a sufficient refusal to perform contractual
obligations, it must be judged according to whether a reasonable person in the
position of the innocent party would regard the refusal as being clear and absolute.

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There are however some consequences of not accepting the repudiation. If the aggrieved or
injured party does not accept the repudiation and lets the contract remain alive the
consequences will be as follows:

 The party, repudiating the contract may nevertheless opt to perform when the time
arrives and the promisee will be bound to accept the same.
 If while the contract lies open such event occurs which dismisses the contract
otherwise than by repudiation for example , by supervening impossibility or
frustration, the promisor would also be entitled to take advantage of the changed
circumstances. The most suitable example which can be cited is that of Avery v.
Bowden (1855) 5 E & B 714: 25 LJ QB 49: 103 RR 695. In this particular case the
defendant had chartered the plaintiff’s ship and agreed to load it with a cargo at
Odessa within a period of 45 days. On arrival of the ship at that place, the
defendant told him that the Captain had no cargo for him and requested to go
away. The Captain however stayed there, having a hope in his mind that the
defendant would fulfill his contract. But before the specified period of 45 days had
expired a war broke out which thereby rendered the performance illegal. The
plaintiff then brought about an action for breach. It was held by the court that the
contract had ended by frustration and not by breach.
 In case the anticipatory repudiation is accepted, damages for breach would be
assessed at the time when the repudiation takes place. Where the promisee does
not accept the repudiation, damages will be assessed at the time fixed for
performance of the contract and the promisee takes the risk of market rate
declining in the mean time, he will have to take all the reasonable steps to keep his
loss to the minimal.

This law has been explained in plain and simple terms in the speech of Viscount Simon LC in
Heyman v Darwin Ltd 1942 AC 356 at p 361: (1942) 1 All ER 337 at p 341. It has been held
by the Supreme Court in State of Kerala v Cochin Chemical Refineries Ltd AIR 1968 SC
1316  that by refusing to advance the loan which the state had undertaken to advance, its
obligation to purchase groundnut cake from the company did not come to an end. That
repudiation just by one party alone does not bring an end to the contract. It has to be
repudiation, on one side and acceptance of repudiation on the other. This law was emphasized
by Lords in White and Carter (councils) ltd v Mc Gregor 1962 AC 413: (1962) 2 WLR 17:

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(1961) 3 All ER 1178(HL). A contract for display advertisement for three years of motor
garage business was struck between advertisement contractors and the agent of the garage
owner, but the latter repudiated the contract by writing an issuing a letter of cancellation. The
contractors, however did not pay any heed to his request, refused it and subsequently
displayed the advertisement. The contract provided for the annual payments and in event of
any default in the payment for all the three years was to become due. Accordingly the
contractors went on to claim full payment. Their lordships held that the contractors where in
the process of only claiming what was due to them under the contract, and, therefore where
entitled to it. In order to lay emphasis upon another aspect of repudiation, the Supreme Court
has thereby observed that whatever be the implications. The acceptance by the other party
may have certain remedial purposes, as far as the repudiating party is concerned he becomes
free from the contract, to the same extent as if the contract has ended. This disqualification, if
any meant for the election purposes by virtue of the contract would end as soon as the
contract is repudiated.

Where the anticipatory breach of contract is established by the innocent party, three essential
remedial measures are made available, first and the most likely remedy is damages. Damages
are a monetary sum to compensate for actual loss suffered taking into account whether the
loss suffered arose naturally from the breach and whether it would have been reasonably
foreseeable to the guilty party.

The other two remedies are specific performance (an order from the court requiring the guilty
party to honour the contract) or an injunction (an order from the court preventing the guilty
party carrying out a specific action) and in practice they are less likely to be used over
damages.

The case of Aslhing v L.S. John, (1984) 1 SCC 205, whereby the respondent who was a party
to a subsisting contract with the government for widening of a road, had written a letter to the
concerned Executive Engineer stating that he was closing the said contract. The appellant
contended that the contents of the letter did not have the effect of putting an end to the
contract. In this case the judgement of the court was delivered by Fazal Ali J. it was argued
that the contents of the said letter made no effect in closing the contract. However after going
through the contents of the letter it was absolutely made clear, that the contractor unilaterally
dismissed the contract and informed the concerned department, also he resigned from the

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contractors list’s of PWD Manipur. Thus after this letter the contract got repudiated and
acceptance of the letter by the authorities was unnecessary for putting an end to the contract
although breach may give rise to an action for damages.

Anticipatory breach of contract is also known as anticipatory repudiation of contract.

Anticipatory breach of contract meaning has been explained in the provisions of the contract
law.  Anticipatory breach of contract means that the contract has been repudiated even before
the performance of the contract has actually commenced. 

In simple terms the anticipatory breach of contract meaning is that a promising party in a
contract does not intend to live upto his or her obligations under the terms of the contract.
When a party to a contract is incapable to perform or there is a lack of willingness to perform
the contract even before the due date of the contract then it is anticipatory breach of contract. 

The anticipatory breach of contract by one party gives the right to other party of the contract
to claim damages and compensation under the anticipatory breach of contract Section 39 of
the Indian Contract Act. 

There are two types of anticipatory breach of contract which are discussed below:

 Express Repudiation: In this type of anticipatory breach the party breaches the
contract expressly. It means that the party to the contract has clearly refused to
perform his part of the contract even before the actual due date of the contract.

Example:
If ‘A’ enters into a contract to sell 200mtrs of cloth to an ‘XYZ’ garment manufacturing
firm, on say, May 15th and eventually on April 17th ‘A’ corresponds saying he has
changed his mind and declines his services, and thereby his contract. Then the said
situation leads to an anticipatory breach of contract. And in such cases the aggrieved or
injured party may sue him for damages for breach. The injured party has the option to sue
immediately or till the time the act was to be performed. This was an anticipatory breach
of contract by express repudiation.

 Implied Repudiation: In this type of anticipatory breach of contract the party does not
clearly refuses to perform his or her obligation rather imply from his/her words or

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 actions that he/she is not going to perform his part of contract before the due date of
the contract.

Example:
If ‘X’ promised to assign ‘G’, within seven years from the date of his promise, all his
interest in a lease for the sum of Rs. 80,000/- . Before the end of seven years he assigned
his interest to another person. Held, this was anticipatory breach of contract by implied
repudiation.

VIII. DIFFERENCE BETWEEN ANTICIPATORY AND

FUNDAMENTAL BREACH OF CONTRACT

The remedies discussed above are available for both anticipatory breach of contract and
actual breach of contract. Where anticipatory breach means a breach committed before the
due date of the performance of the contract, fundamental breach is a breach committed on the
due date of the contract. 

Other than this difference there are following difference between the Anticipatory Breach of
Contract and Fundamental Breach of Contract –

Basis Anticipatory Breach Fundamental Breach

Anticipatory breach of contract happens
Actual breach of contract happens when
when a party to the contract tells his
a party on the date of the performance of
Occurrence incapability to perform his part of the
the contract fails to perform his part or
contract in advance i.e., before the due date
his duties as specified in the contract.
of the contract.
Nature of breach in case of anticipatory In an actual breach of the contract, the
Nature of
breach of contract is that the entire contract breach can be of warranty, condition or
Breach
is repudiated.  an innominate term.
Effect of The injured party in case of anticipatory In an actual breach of contract the
Breach breach can either accept the breach or can injured party can only go for the remedy

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Basis Anticipatory Breach Fundamental Breach
continue with the contract. available for breach of contract.
 

IX. EFFECT OF ANTICIPATORY BREACH OF CONTRACT

When an anticipatory breach of contract is committed the injured or the aggrieved party
generally has two options at his/her disposal. The options available to the injured party in
case of anticipatory breach of contract are as follows :

 As soon as the anticipatory breach has been committed, the injured party can rescind
or repudiate the contract and can bring an action for damages for anticipatory breach
of contract without waiting for the due date for the performance of the contract.
 The other option is that the injured or the aggrieved party waits till the due date fixed
for the performance of contract and then bring a case against the defaulting party for
breach of contract. 
There are four key factors which are considered essential to determine whether an
anticipatory breach of contract has happened or not. These factors are as below:

 When the party has clearly communicated that he will not perform his part of
obligation and such performance goes to the root of the contract,
 The renunciation or repudiation to perform a contract cannot be conditional on certain
circumstances taking place. The refusal, therefore should be absolute.

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  While deciding whether there has been sufficient refusal to perform the obligation of
the contract, it must be judged according to whether a reasonable person in the
position of the innocent party would regard the refusal as being clear and absolute.

X. REMEDIES UNDER ANTICIPATORY BREACH OF CONTRACT

Any contract can be said to be breached when one party to the contract unconditionally
refuses to perform his part of the contract. When this refusal to do the obligation under the
contract is done before the due date of the contract then it is known as anticipatory breach of
the contract. The Indian contract act provides for anticipatory breach of contract remedies
which are provided to the aggrieved party against the party committed anticipatory breach of
contract. 

Following are the anticipatory breach of contract remedies which are provided in the Indian
Contract Act :

 Monetary Damages -   It includes a sum of money that is awarded as a compensation

for the financial losses suffered by the party against whom the anticipatory breach has
been committed. The party can claim the bargain which he/she was entitled for under
the terms of contract or can ask compensation for the net gain which they have
occurred if the anticipatory breach of the contract would not have been done. In case

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 of an anticipatory breach the party can recover the damages only to the extent of
amount of actually spent by the party in execution of his part of the performance. 

 Restitution - It is an anticipatory breach of contract remedy which provides that the
injured party of the contract in the same position as he/she was in before the contract
was made. If the Restitution is chosen as the anticipatory breach of contract remedy
then the injured party cannot ask for compensation for the loss incurred by him
because of the anticipatory breach of contract. Restitution as a remedy focuses on
returning the injured party money or the property which has been given to other party
of the contract who has committed the anticipatory breach of contract.

 Rescission -  It is a remedy of the contract which puts an end on the obligation of both
the parties completely. The parties that are indulged in the contract due to the mistake,
fraud, undue influence can ask to set aside the the contract and the obligations formed
thereunder by way of remedy of rescission available in such cases.

 Reformation - It is a remedy available in case of a breach of contract. In this type of

remedy the court changes those substance of the contract because of which inequities
was suffered by the injured or the aggrieved party to the contract. The courts
generally resist in providing the remedy of the reformation as a mistake in a contract
can be easily changed by doing a pre-contract signing investigation.

 Specific Performance of Contract - Specific performance of the contract is an

equitable remedy available in case of anticipatory breach of contract or an actual
breach of contract. This remedy compels the breaching party to perform his part of the
contract i.e., his or her duties as specified under the terms of the contract. When the
monetary damages are inadequate to compensate the injured or aggrieved party
against the anticipatory breach of contract only then the court orders for the remedy of
the specific performance of contract. The remedy of specific performance of the
contract is generally given when the subject matter of the contract is the main reason
of the dispute.

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 XI. CASES OF ANTICIPATORY BREACH OF CONTRACT

Indian Judiciary has dealt with the issue of anticipatory breach of contract in a number of
cases before it. Some of the landmark anticipatory breach of contract cases which explains
and deals with anticipatory breach of contract at length are discussed below :

In the case of Food Corporation vs J.P. Kesharwani, 1994 Supp (1) SCC 531, it was held by
the Supreme Court that where one party making unilateral alterations without any intimation
to the other and then cancelling the contract, this amounted to breach (repudiation). Therefore
it can be correctly stated that, any kind of contract may be examined as broken once a party
refuses to perform under the contract as promised, regardless of when performance is
supposed to occur. This unconditional refusal is known as a repudiation of contract.

In the case of Universal Cargo in the year 1957 it was held by the Supreme Court that the
“Anticipatory breach means that a party is in breach from the moment that his actual breach
becomes inevitable. Since the reason for the rule is that a party is allowed to anticipate an
inevitable event and is not obliged to wait till it happens, it must follow that the breach which

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he anticipates is of just the same character as the breach which would actually have occurred
if he had waited.”

Further, in the case of Aslhing v L.S. John, (1984) 1 SCC 205, whereby the respondent who
was a party to a subsisting contract with the government for widening of a road, had written a
letter to the concerned Executive Engineer stating that he was closing the said contract. The
appellant contended that the contents of the letter did not have the effect of putting an end to
the contract. In this case the judgement of the court was delivered by Fazal Ali J. it was
argued that the contents of the said letter made no effect in closing the contract. However
after going through the contents of the letter it was absolutely made clear, that the contractor
unilaterally dismissed the contract and informed the concerned department, also he resigned
from the contractors list’s of PWD Manipur. Thus after this letter the contract got repudiated
and acceptance of the letter by the authorities was unnecessary for putting an end to the
contract although breach may give rise to an action for damages.

XII. CONCLUSION

An anticipatory breach of contract is an action that shows one party's intention to fail to fulfill
its contractual obligations to another party. An anticipatory breach ends
the counterparty's responsibility to perform its duties. Demonstrating the other party's
intention to breach the contract gives the counterparty grounds for beginning legal action. An
anticipatory breach is also referred to as an anticipatory repudiation.

An anticipatory breach occurs when a party demonstrates its intention to break a contract.
However, vocal or written confirmation is not required, and failure to perform any obligation
in a timely matter can result in a breach. By declaring an anticipatory breach, the
counterparty may begin legal action immediately rather than waiting until the terms of a
contract are actually broken.

Parties claiming an anticipatory breach are obliged to make every effort to mitigate their own
damages if they wish to seek compensation in court. That could include halting payments to
the party that committed the breach and immediately looking for ways to minimize the effects

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of the breach. That might mean seeking a third party who could perform the duties outlined in
the original contract.

The intent to break the contract must be an absolute refusal to fulfill the terms for it to qualify
as an anticipatory breach. The expected breach cannot be based solely on the assumption that
the other party will not meet its obligations.

Let's say a real estate developer contracts an architecture firm to create plans for a new
building by a specific deadline. If the developer requests regular updates on the project and is
not pleased with the latest results, this is not grounds to claim an anticipatory breach. The
architects may be behind schedule while continuing to work on the project. Such a
circumstance still leaves the possibility that the architects might meet their deadline if
corrective steps are taken.

If the architects took actions that made it impossible to meet the deadline, it would constitute
an anticipatory breach. For example, the architects might halt all work on the first project and
commit all their resources to a new project with a different developer. That would preclude
them from fulfilling the initial contract.

XIII. BIBLIOGRAPHY

BOOKS

 Contract and Specific Relief by Avatar Singh.

 The Indian Contract Act, 1872 by Pollock & Mulla.
 Bare Act-Professionals The Indian Contract Act,1872.

WEBSITES

 https://www.upcounsel.com/anticipatory-breach-of-contract

 https://blog.ipleaders.in/anticipatory-breach-contract-law-india/

 https://www.nolo.com/legal-encyclopedia/breach-of-contract-anticipatory-breach-
32653.html
 https://www.investopedia.com/terms/a/anticpatory-breach.asp

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