There is no duty on the innocent party to vary the terms of the contract, and he can, accordingly, carry out his own obligations under the contract after his election to affirm: White and Carter (Councils) Ltd v McGregor [1961] 3 All ER 1178. Once the date for performance arrives, and the guilty party still does not perform, the injured party may then accept the repudiatory breach as terminating the contract and seek the contract price.