Remedial Law
Updated 21st May 2025
Doctrine of Anticipatory Breach
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The doctrine of anticipatory breach is an exception to the general rule requiring a cause of action to be first established before a right of action exists.
It applies when an obligor manifests an unqualified and positive refusal to perform a contract, even if the performance is not yet due. This refusal must go to the whole contract and can be treated as a complete breach.
This doctrine entitles the injured party to bring his action at once. The breach is considered a total breach, and the plaintiff must recover all his damages in that single action. (Blossoms & Co. v. Manila Gas Corporation).