Carl has a contract to supply Georgina with a gold necklace based on a design supplied by Georgina, to be delivered to Georgina on May 31. The contracted price is £500, payment due on delivery. On May 2, Carl contacted Georgina and mentioned that the price of gold had risen to such an extent that he would make a loss on the contract. On May 4 Carl contacted Georgina again and said: “I’m sorry Georgina but I’m running a business here not a charity. I can’t supply the necklace, I suggest you look for a different supplier”. Question Think whether or not Carl has committed an anticipatory or an actual breach, or indeed any breach at all. Do you remember what an anticipatory breach is? Question What are the TWO options open to Georgina in relation to the timing of taking action against Carl? Question Can you identify the common law remedies available to Georgina?

Carl has a contract to supply Georgina with a gold necklace based on a design supplied by Georgina, to be delivered to Georgina on May 31. The contracted price is £500, payment due on delivery. On May 2, Carl contacted Georgina and mentioned that the price of gold had risen to such an extent that he would make a loss on the contract. On May 4 Carl contacted Georgina again and said: “I’m sorry Georgina but I’m running a business here not a charity. I can’t supply the necklace, I suggest you look for a different supplier”. Question Think whether or not Carl has committed an anticipatory or an actual breach, or indeed any breach at all. Do you remember what an anticipatory breach is? Question What are the TWO options open to Georgina in relation to the timing of taking action against Carl? Question Can you identify the common law remedies available to Georgina?

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