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.

Citation
(1872) LR 7 Ex 111
Court
Court of Exchequer Chamber
Year
1872
Subject
Contract Law
Topic
Discharge and breach

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.

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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.

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