#contract #discharge #law
When an innocent party is faced with a repudiatory anticipatory breach (i.e. an anticipatory breach of a condition or a serious anticipatory breach of an innominate term) he is under no obligation to sue at once, but can elect to affirm the contract and wait for performance on the due date. The innocent party is allowed a period of time in order to decide between these two alternatives (Stocznia Gdanska SA v Latvian Shipping Co (No 3) [2002] EWCA Civ 889).
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