Re: anticipatory breach

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Thank you for that info Hardy! The seller was in "bad faith"--
I have proof that he had another buyer who was willing to pay
more and buy sooner, so he had quite an incentive to get out of
this contract...I will let you all know how it turns out.

On 4/23/06, Hardy Parkerson, Atty. wrote:
> 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 (He rescinded his claim.)