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#contract #discharge #law
In Hochster v De la Tour the defendant agreed to employ the plaintiff as a courier on foreign tours for a period of three months starting from 1 June. But on 11 May the defendant wrote and told the plaintiff that his services were no longer required. The plaintiff immediately sued the defendant. The defendant argued that the plaintiff should not succeed in his action unless he could show that he was ready and able to perform his obligations on 1 June. The court found in favour of the plaintiff. He had a choice as to whether to wait for the date of performance, in which case he would need to be ready to perform his obligations, or to treat the contract as immediately repudiated.
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