Friday, February 28, 2014

Civil Case Attorneys Virginia Fairfax Anticipatory Contract Breach

If you are dealing with a civil case such as breach of contract, specific performance etc. in Virginia or about to go through a civil case in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your civil case.  An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Holder v. Holder


Facts:

            Plaintiff employee in Fairfax obtained a money judgment against defendant executors of employer's estate for domestic services provided by plaintiff, as stated in decedent's will. The trial court set aside the verdict on the grounds that plaintiff's claim was barred by the three-year statute of limitations, and plaintiff sought review. The court held that when one party to a contract had entirely abandoned it or had absolutely refused to perform it, the other party was allowed to elect to sue on it without waiting for the time of performance to arrive. The court held that anticipatory repudiation applied to contracts for services. The court held that, since on the happening of an anticipatory breach the promisee had the right to await the time for performance and initiate action when such time arrived, the statute of limitations had not begun to run until the time for performance fixed by the terms of the contract. The court reversed a judgment of the trial court.

If you are facing a civil case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747.

Holdings:

The Virginia Court made the following holding:

  • There may be an anticipatory breach of an executory contract by an absolute refusal to perform it, and this doctrine applies to contracts for services, for marriage, and for the manufacture or sale of goods. he rights of a party to a bilateral contract of mutually dependent promises upon an anticipatory repudiation by the other party will then be: (1) To rescind the contract altogether, (2) to elect to treat the repudiation as a breach, either by bringing suit promptly, or by making some change of position; or (3) to await the time for performance of the contract and bring suit after that time has arrived.
If you are dealing with a civil case in Virginia or about to go through a civil case in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your civil case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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