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Hochester v. De La Tour, 2 Ellis & Bl. 678 (1853) p744.

Subject:

performance and breach: repudiation

Facts:

P was engaged in April 1852 by D to accompany him on a tour of Europe to commence on June 1st, 1852. On the 11th of May 1852 defendant wrote to plaintiff that he had changed his mind and declined his services. P then obtained an engagement with Ashburton to commence on July 4th.

Procedure:

 

 

Issue:

Can a breach of a contract occur before the day in which the contract was to commence?

Rule:

If one contracts to do something, then the contract must be followed through.

Holding:

The only ground on which the contract be dispensed with seems to be that the renunciation may be treated as a breach of contract.

Rationale:

After renunciation of agreement by the defendant, P should be at liberty to consider himself absolved from any future performance of it, retaining the right to sue for any damage he has suffered from the breach of it. A renunciation by one party dispenses with a condition to be performed in the meantime by the other. No reason to wait until the day arrives when the contract was due to start, if already renounced, before seeking a remedy by action.

Policy/Notes:

damages are the amount of lost wages between when the original contract was to begin and when the second contract began (between June 1 and July 3).