Write a note on Anticipatory Breach of Contract

Q. ANTICIPATORY BREACH OF CONTRACT:
When a party to a contract refuses to perform his part of the contract before the
actual time of the performances of contract is due, it is called an anticipatory breach of
contract it is called an anticipatory breach of contract
Anticipatory breach of contract may be
1. By repudiation of the contract: When a party communicates his inability to
perform his part of the contract before the fixed times for the actual performances
is due, he is said to have expressly repudiated the contract.
2. By impossibility of performances: When the breach takes places by either party
to the contract by his own voluntary act, which makes performances of the
contract impossible anticipatory breach of contract is committed by impossibility
of performances.
In case of anticipatory breach, the aggrieved party has the following remedies.
1. He may elect to rescind the contract, e.g. treat the repudiation as an immediate
breach putting an end to the contract and immediately sue for damages or.
2. He may treat the contract as still operative and subsisting and wait for the time of
performances when the contract is to be executed and then hold the other party
responsible for all the consequences of non performances.
In this case, the contract remains operative for benefits of the both the parties.