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Anticipatory repudiation or anticipatory breach is a concept in the law of contracts which describes words or conduct by a contracting party that evinces an intention not to perform or not to be bound by provisions of the agreement that require performance in the future.
(1) Where a party has repudiated a contract the aggrieved party has an election to accept the repudiation or to affirm the contract: Fercometal S.A.R.L. v. Mediterranean Shipping Co. S.A. [1989] A.C. 788 . (2) An act of acceptance of a repudiation requires no particular form: a communication does not have to be couched in the language of ...
Vasil Levski's affidavit, 16 June 1872, Bucharest, Romania. An affidavit (/ ˌ æ f ɪ ˈ d eɪ v ɪ t / ⓘ AF-ih-DAY-vit; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law.
The Highway Properties judgment essentially imported the contractual remedy for recovery of future losses as a result of repudiation, but left open the question of whether notice was required (and if so, when it must be given) and whether there is a duty for the landlord to mitigate losses as is the case in contract law. [6]
Secondly, where a party is faced with a repudiation, the party can elect to terminate the contract; this too has often been referred to as an election to rescind. "Rescission" at common law . Rescission at common law (as distinct from rescission in equity ) is a self-help remedy: historically, the common law courts simply gave effect to the ...
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