Editing Breach of contract (section)

==Anticipatory breach==
{{Main article | Anticipatory breach}}
Renunciatory breach (usually referred to as ''anticipatory breach'' or ''breach by [[anticipatory repudiation]]'') is an unequivocal indication that the party will not perform when performance falls due or a situation in which future non-performance is inevitable. An anticipatory breach gives the innocent party the option to terminate the contract immediately and sue for damages or to wait for the time of performance. If the party required to perform does not do so when it is required by the contract, the innocent party can terminate then.<ref>{{cite AustLII|HCA|14|1985|litigants=Progressive Mailing House v Tabali Pty Ltd |parallelcite=(1985) 157 [[Commonwealth Law Reports|CLR]] 17 at p. 48 |courtname=auto}}</ref><ref>{{cite AustLII|HCA|51|1989|litigants=Foran v Wight |parallelcite=(1989) 168 [[Commonwealth Law Reports|CLR]] 385 at pp 416, 441-2 |courtname=auto}}.</ref>

For example, A contracts with B on January 1 to sell 500 quintals of wheat and to deliver it on May 1. Subsequently, on April 15, A writes to B and says that he will not deliver the wheat. B may immediately consider the breach to have occurred and file a suit for damages for the scheduled performance even though A has until May 1 to perform. However, a unique feature of anticipatory breach is that if an aggrieved party chooses not to accept a repudiation occurring before the time set for performance, the contract continues on foot, but also there will be no right to damages unless an actual breach occurs.<ref>{{cite book|last1=Paterson|first1=Jeannie|last2=Robertson|first2=Andrew|last3=Duke|first3=Arlen|title=Principles of Contract Law|date=2012|publisher=Thomson Reuters (Professional) Australia Limited|location=Sydney|page=440|edition=Fourth}}</ref>