Hochster v. De La Tour
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1. Was Hochster required to file an action for breach of contract immediately upon being notified that De La Tour was repudiating?
2. What reasons support the nonbreaching party's right to institute an action immediately when there is an anticipatory breach?
3. How long does the breaching party have to retract an anticipated breach?
4. Is it ethical for the injured party to bring suit immediately? Explain.
5. What policy reasons support an injured party's right to bring suit immediately upon an anticipatory repudiation? Explain.
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Solution Summary
Read Hochster v. De La Tour
1. Was Hochster required to file an action for breach of contract immediately upon being notified that De La Tour was repudiating?
2. What reasons support the nonbreaching party's right to institute an action immediately when there is an anticipatory breach?
3. How long does the breaching party have to retract an anticipated breach?
4. Is it ethical for the injured party to bring suit immediately? Explain.
5. What policy reasons support an injured party's right to bring suit immediately upon an anticipatory repudiation? Explain.
Solution Preview
To begin this is a very historic and on point case with contracting today. Excellent assignment to work with you on. To start off I will more than likely provide you with more than just the answer so you understand what is being provided. Please let me know if you have any questions that need to be further clarified. You can easily find information all over the internet regarding Hochster v. De La Tour. However, the best locations are actual law websites like WestLaw, Lexus, or Findlaw. I will be speaking of this case through personal research knowledge and Findlaw.com reference of Hochster v. De La Tour, 2 El. & Bl. 678 (1853).
1. Was Hochster required to file an action for breach of contract immediately upon being notified that De La Tour was repudiating?
Based on the facts and the law as adjudged through the court Hochster was not required to file an action for breach of contract immediately upon being notified of the repudiation. Hochster had the option to file an action immediately in anticipation of repudiation or wait until the time performance has passed. However, the Hochster was not allowed to re-enter ...
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