§ 19-19 Contract - Repudiation as Anticipatory Breach

LibrarySouth Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 19-19 Contract - Repudiation as Anticipatory Breach

A repudiation of a contract before the time for performance, which amounts to a refusal to perform it at any time, gives the adverse party the option to treat the entire contract as broken and to sue immediately for damages as for a total breach. In other words, if one party to a contract repudiates his duties thereunder prior to the time designated for performance and before he has received all of the consideration due him thereunder, such repudiation entitles the nonrepudiating party to claim damages for total breach. There is no necessity in such case for a tender of performance...

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