Hochster v De la Tour (1853) 2 E&B 678

Court of Queen’s Bench

Basic Facts: D agreed to employ C as a travel courier starting June 1 for three months. On May 11, D notified C that his services were no longer required. C sought damages for anticipatory breach of contract.

Issue for the Court: Can a party claim damages for anticipatory breach before the time for performance has arrived?

Held : The court ruled that damages can be claimed for anticipatory breach before the performance date.

• Lord Campbell CJ It is more rational to allow a claim for anticipatory breach as soon as the breach is known, which allows the injured party to mitigate damages and seek alternative arrangements. Allowing claims before the performance date prevents undue hardship and enables parties to make alternative arrangements.