Frost v Knight
Anticipatory breach applies to a promise to be performed on a future contingency, such as a promise to marry on the death of a parent.
Facts
Mr Knight promised to marry Miss Frost on the death of his father. While his father was still alive, he broke off the engagement. Miss Frost sued him for breach of promise of marriage, before the father died. Mr Knight argued that she could not sue until his father's death, when performance would be due.
Legal principle
The court held that Miss Frost could sue immediately. The doctrine of anticipatory breach in Hochster v De la Tour applies equally to contracts where performance is due on a contingency that may happen in the future. Where one party renounces the contract, the other may elect to treat it as at an end and claim damages at once. Damages would be assessed taking into account the chance that the contingency might never have happened. Actions for breach of promise of marriage were abolished by the Law Reform (Miscellaneous Provisions) Act 1970.
Related cases on discharge and breach
- Avery v Bowden (1855) 5 E & B 714
- Bolton v Mahadeva [1972] 1 WLR 1009
- Cutter v Powell (1795) 6 Term Rep 320
- Federal Commerce & Navigation Co Ltd v Molena Alpha Inc (The Nanfri) [1979] AC 757
- Fercometal SARL v Mediterranean Shipping Co SA (The Simona) [1989] AC 788
- Geys v Société Générale [2012] UKSC 63, [2013] 1 AC 523
- Hochster v De la Tour (1853) 2 E & B 678
- Hoenig v Isaacs [1952] 2 All ER 176
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
