''Hochster v De La Tour'' is a landmark

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

case on anticipatory breach of contract. It held that if a contract is repudiated before the date of performance, damages may be claimed immediately.

Facts

In April, De La Tour agreed to employ Hochster as his courier for three months from 1 June 1852, to go on a trip around the European continent. On 11 May, De La Tour wrote to say that Hochster was no longer needed. On 22 May, Hochster sued. De La Tour argued that Hochster was still under an obligation to stay ready and willing to perform till the day when performance was due, and therefore could commence no action before.

Judgment

Lord Campbell CJ held that Hochster did not need to wait until the date performance was due to commence the action and awarded damages.

Notes

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References

*C Mitchell and P Mitchell (eds), ''

Landmark Cases in the Law of Contract ''Landmark Cases in the Law of Contract'' (2008) is a book by Charles Mitchell and Paul Mitchell, which outlines the key cases in English contract law. Content The cases discussed are, *'' Coggs v Barnard'' (1703) on bailment *''Pillans v Van ...

'' (2008) English termination case law 1853 in case law 1853 in British law Court of King's Bench (England) cases

Facts

Judgment

See also

Notes

References