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Hochster v De La Tour [1853] 2 E&B 678

Country:
United Kingdom
  • Defendant contracted to employ H but before the work was to begin renounced the contract.

  • H sued Defendant for breach.

  • The court held that H was entitled to claim damages since renunciation before the work was to begin was nevertheless a breach since there is an implied agreement not to renege on the contract.

  • Provided H treats the contract as being in force and acts upon it on the prescribed date by not accepting any other employment which would interfere with his promise then he may claim damages.

  • After Defendant’s renunciation, H is free to accept new employment and can claim damages. 

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