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    Pritom Tariq
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    For anticipatory breach of contract, if the aggrieved party chooses to keep the contract in place, the breaching party is not automatically relieved of their contractual duties and must still perform. For actual breach, the breaching party can only be discharged from the contract if the aggrieved party discharges them after seeking remedies or finding an alternative to fulfill the contractual obligations. The breaching party is not automatically relieved of their duties simply for breaching the contract.

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    LAW assignment

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    For anticipatory breach of contract, if the aggrieved party chooses to keep the contract in place, the breaching party is not automatically relieved of their contractual duties and must still perform. For actual breach, the breaching party can only be discharged from the contract if the aggrieved party discharges them after seeking remedies or finding an alternative to fulfill the contractual obligations. The breaching party is not automatically relieved of their duties simply for breaching the contract.

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    47 views1 page

    LAW Assignment

    Uploaded by

    Pritom Tariq
    For anticipatory breach of contract, if the aggrieved party chooses to keep the contract in place, the breaching party is not automatically relieved of their contractual duties and must still perform. For actual breach, the breaching party can only be discharged from the contract if the aggrieved party discharges them after seeking remedies or finding an alternative to fulfill the contractual obligations. The breaching party is not automatically relieved of their duties simply for breaching the contract.

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    © All Rights Reserved
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    Question 3: 

    What are they? For every type of breach of contract, is the party that breached the contract automatically
    relieved of his/her duty from performing the contract? 

    Anticipatory Breach: under Anticipatory Breach of Contract if the aggrieved party does not

    choose to treat the contract as discharged then the contracts is considered to be existing and

    the other party may perform the contract. So the breached party is not automatically relieved

    of his/her duty from performing the contract and anticipatory breach does not itself discharge

    a contract.

    Actual Breach: Under the actual breach of contract, if a party to an agreement owes a duty to

    perform and fails to perform the duty then the party can only be discharged from their

    obligation by the aggrieved party. Also, the aggrieved party must look for an alternative

    source to perform the duty owed under the agreement. And they should ask for remedies for

    breach of contract and then can discharge the failed-party.

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