Contract Law 67 V Hochster v De La Tour | Summary and Q&A

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July 24, 2017
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Contract Law 67 V Hochster v De La Tour

TL;DR

In the case of Hotchner v. Delatour, Hotchner sued Delatour for breach of contract after Delatour renounced his commitment to hire Hotchner as a courier for a European tour. The court ruled in favor of Hotchner, stating that Delatour's actions constituted an anticipatory breach of contract.

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Questions & Answers

Q: Can a party sue for breach of contract if they learn that the other party plans to breach before it occurs?

Yes, in the case of anticipatory breach, the innocent party has the right to sue and seek damages when they learn that the other party intends to breach the contract before it happens.

Q: What were the two legal questions the appeals court had to answer in the Hotchner v. Delatour case?

The first question was whether Hotchner was obligated to be ready for the European tour even after receiving Delatour's letter of renouncement. The second question was whether Hotchner could sue Delatour before June 1st, given that Delatour had not yet failed to meet any contractual obligations.

Q: What are the two forms of repudiation recognized in contract law?

The two forms of repudiation are explicit repudiation, which involves a definite and final communication of intention to forego performance, and repudiation by conduct, which includes actions inconsistent with the promises ability to fulfill their promise.

Q: Why did the court rule in favor of Hotchner in the Hotchner v. Delatour case?

The court ruled in favor of Hotchner because Delatour's actions constituted an anticipatory breach of contract, releasing Hotchner from his obligations and allowing him to seek alternative employment.

Summary & Key Takeaways

  • Edgar Delatour hired Albert Hotchner as a courier for a European tour but later renounced the agreement.

  • Hotchner sued Delatour for breach of contract and won the case on appeal.

  • The court ruled that Delatour's actions constituted an anticipatory breach, releasing Hotchner from his obligations and allowing him to seek alternative employment.

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