Unraveling Section 39 of the Contract Act 1872: A Pathway to Classifying Breaches?

Abstract

Depending on when the repudiation happens, contractual breaches under common law occur as either actual breaches or anticipatory breaches. This article explores integrating the concept of anticipatory breach into the Contract Act 1872. Although not explicitly stated, it is argued that section 39 of the Act may contain elements aligning with anticipatory breach in the common law. This article aims to explain the concept of ‘anticipatory breach’ clearly, address potential misinterpretations of the section, and discuss its implications. In addition, the question of why acknowledging anticipatory breach is necessary is explored for its substantive and philosophical implications.