Hochster v De La Tour (1853)

Contract I · Frustration & Breach

Facts.

De La Tour engaged Hochster as a courier to begin on 1 June, but on 11 May wrote that he would not need him. Hochster sued for breach before 1 June.

Issue.

Can the injured party sue on a repudiation before the date fixed for performance?

Held.

Yes. A clear repudiation before performance is due is an anticipatory breach; the injured party may treat the contract as broken and sue at once, or wait for the day of performance.

Why it matters.

It establishes the doctrine of anticipatory breach and the injured party’s election (sue now or wait) — reflected in s.39 and a recurring exam favourite.

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