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Chapter 2

Breach of contract

Actual breach of contract

Actual breach occurs at the time performance of the contract was due and happens
when:

 One party fails to put forward any sort of performance

 The performance put forward is so inadequate the injured party is substantially
deprived of the whole benefit of the contract.

Anticipatory breach

This takes place where, before the due date for performance of the
contract, one party states or shows by his actions that he will not be
performing the contract.

Anticipatory breach occurs when:

 One of the parties declares before the date of performance that he
has no intention of carrying out his duties. This is known as
express anticipatory breach.

 One of the parties does something which makes the performance
of the contract impossible. This is known as implied anticipatory
breach.

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