#contract #discharge #law
It is also clear that where the innocent party affirms the contract in response to an anticipatory breach and subsequently commits a breach of contract himself, the repudiating party may escape liability. This is illustrated by the case of Fercometal SARL v Mediterranean Shipping Co SA, The Simona [1988] 2 All ER 742. The House of Lords made it clear in this case that if an innocent party elects to affirm a contract, they are not absolved from further performance of their obligations under the contract. Consequently, if the innocent party fails to comply with those obligations, they will be in breach of contract and the repudiating party can escape liability for their own wrongful repudiation.
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