BREACH OF CONTRACT

JIMCY VARGHESE FM-807

 When a party having a duty to perform a contract fails to do or does an act whereby the performance of the contract becomes impossible or he refuses to perform the act- Breach of Contract On BOC by one party, the other party is discharged from his obligation to perform his part of the obligation

 Could be i) Actual (non- performance of the contract on due date of performance) ii) Anticipatory(before the due date of performance has come) West Bengal Financial corporation v Gluco series

EFFECT OF ANTICIPATORY BOC

On BOC, other party has 2 alternatives End contract, bring an action for BOC before without waiting for the appointed date of the performance of contract. Doesnt end contract but still treat it as alive and subsisting and wait for the performance of contract on date.