Re: anticipatory breach

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Dear Lucy,

Good question! I can speak only for Louisiana; and my
knowledge of contracts is a few years old; but in Louisiana
damages resulting from breach of contract are allowable if,
and only if, the defendant (one who breaches) is in "bad
faith." I used to know the exact article in the LOUISIANA
CIVIL CODE (CODE NAPOLEON), but I've probably forgotten it.
It is, I think, article 1841 of the LOUISIANA CIVIL CODE.
My guess is that the same rule will apply under the Common
Law of all the other states. Good luck! If you are not from
Louisiana and find out the Common Law answer for your state,
then I hope you will post it so that we all can learn some
contract law that we might have once known long enough to
take a bar exam, but have forgotten over the years. Again,
good luck!

Sincerely,

Hardy Parkerson, Atty.
Lake Charles, LA

On 4/17/06, Lucy wrote:
> If a seller anticipatorily breached our contract, and I
> incurred damages because I tried to responsibly mitigate
> further damage to myself (and got assurances from them that
> they would perform), is there any way I can recover those
> damages if we are now going through on the original
> contract? (He rescinded his claim.)