ICANBusiness LawLaw of Contract: Vitiating Factors and Discharge2023

Chukwuma contracted to supply 1,000 bags of cement to Danladi on July 30. On July 10, Chukwuma explicitly informed Danladi that he would not deliver the cement on the agreed date. Which of the following correctly states Danladi's legal remedies for anticipatory breach under Nigerian Contract Law?

ADanladi must wait until July 30 before initiating any legal action or treating the contract as repudiated
BDanladi may immediately accept the repudiation and sue for damages, or treat the contract as subsisting until July 30CORRECT
CThe contract is automatically discharged on July 10 without any election required by Danladi
DDanladi can only seek an injunction to compel performance on July 10
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Why the answer is B, and why the others tempt you.
Anticipatory breach occurs when a party renounces performance obligations before the arrival of the due date. The innocent party has the option either to accept the breach immediately and sue for damages or to treat the contract as continuing and wait until the due date for performance (Hochster v De La Tour).
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