ABSTRACT
As mentioned above, breach may be actual or anticipatory. A party who fails to perform at the requisite time is in actual breach.
Where a party repudiates a contract in the mistaken belief that this is his or her right, particular difficulties arise. This may happen in two situations: (a) where a party believes the terms of the contract justify termination, but
they are mistaken in fact or law; or (b) where a party believes that the other party has repudiated the contract,
and elects to treat the contract as at an end.
