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Lloyd's Maritime and Commercial Law Quarterly

ACCEPTED ANTICIPATORY BREACH: DUTY OF MITIGATION AND DAMAGES ASSESSMENT

The Golden Victory

The doctrine of anticipatory breach has long been considered to be one of the most perplexing areas of English contract law. A mystery that lies at the heart of the doctrine is the legal significance of “accepting” an anticipatory breach. “Acceptance” is effectively equivalent to an expression by the injured party (the “repudiatee”) of its intention to terminate the contract on the ground of the anticipatory breach. An interesting issue much litigated in English courts has been the extent to which such an “acceptance” has an impact on a damages claim brought against the party in breach (the “repudiator”). A recent decision by the Court of Appeal in Golden Strait Corp v. Nippon Yusen Kubishika Kaisha (The Golden Victory) ,1 confirming the position of the same court in the

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