Hochster v De La Tour (1853) 2 E & B 678

Issues

• Does a clear pre-start refusal amount to breach?
• Can the injured party sue before the due date?

Rules

Arguments

Judgment

Held: For the plaintiff. A clear pre-start renunciation is a breach. The innocent party may sue immediately; waiting is not required.

Reason: Contracts for future conduct include an implied promise not to prevent or poison performance before the start date.

Ratio Decidendi

Renunciation of a future duty is an immediate breach. The other party is freed from further performance and may at once claim damages.

Why It Matters

• Protects workers and businesses from last-minute cancellations.
• Lets the innocent party mitigate loss by moving on quickly.
• Foundation case for anticipatory breach across common law.

Key Takeaways

1. Clear refusal before due date = breach now.
2. Innocent party can sue immediately.
3. Implied duty not to block future performance.

Mnemonic + 3-Step Hook

Mnemonic: “Say ‘No’ → Pay Now.”

1. Say ‘No’: Clear refusal before start.
2. Breach Now: Duty breaks immediately.
3. Pay Now: Damages claim can start at once.

IRAC Outline

Glossary

Anticipatory Breach

Refusal to perform before performance is due.

Renunciation

Clear statement or conduct showing “I will not perform.”

Mitigation

Duty to reduce loss by seeking other options after breach.

FAQs

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