Site navigation

The defendant promises to marry the plaintiff on the death of his father. During the lifetime of the…

This is the anticipatory-breach principle: a promisor who disables himself from performing the promised marriage before its due event allows the promisee to accept the…

Choose your answer

The defendant promises to marry the plaintiff on the death of his father. During the lifetime of the father, the defendant marries another woman. The plaintiff in this case:

Select one answer
Answer and explanation

Correct answer A

This is the anticipatory-breach principle: a promisor who disables himself from performing the promised marriage before its due event allows the promisee to accept the repudiation and claim damages immediately, or keep the contract alive until the due time. Repudiation may be conveyed by inconsistent conduct, not only an express statement. A party cannot rely on his own disabling act as supervening frustration. Keeping the contract alive carries the usual consequences if a later lawful discharge occurs before performance becomes due.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic