Adequacy of Consideration
🧾 Case Name:
Frost v. Knight (1872) LR 7 Ex 111
📌 Legal Topic:
Anticipatory Breach of Contract (also known as repudiation)
🔍 Background of the Case:
The defendant (Knight) promised to marry the plaintiff (Frost) after his father’s death.
Before the father died, Knight informed Frost that he would not marry her.
Frost then sued immediately, even though the time for performance (i.e., the father's death) hadn’t arrived yet.
❓Legal Issue:
Can one party sue for breach of contract before the time for performance has arrived, if the other party clearly renounces the contract in advance?
⚖️ Court's Judgment:
The Court ruled in favor of Frost, holding that:
When one party repudiates the contract before the time of performance, the other party is entitled to sue immediately.
This is called an anticipatory breach.
The contract was considered breached when Knight declared his intention not to perform, even though the time for performance (i.e., the father’s death) hadn't occurred yet.
📚 Legal Principle Established:
👉 Anticipatory Breach:
If before the due date of performance, one party clearly refuses or shows intention not to perform the contract, the other party can:
Sue immediately, or
Wait until the due date to see if performance happens.
This principle allows the non-breaching party to protect themselves early, rather than wait and suffer further loss.
⚖️ Importance of the Case:
| Point | Explanation |
|---|---|
| Before this case | It wasn’t clearly accepted that breach could occur before the performance date. |
| After this case | The law allowed early legal action if a party renounced the contract beforehand. |
| Protection | Protects the non-breaching party from uncertainty and economic loss. |
🧠 Example (based on the case):
Let’s say A promises to deliver goods to B on 1st December. On 1st November, A says:
“I’m not delivering the goods.”
Under Frost v. Knight, B doesn’t have to wait until December 1st. B can sue immediately on 1st November for breach.
📝 Quick Recap
| Element | Details |
|---|---|
| Case | Frost v. Knight (1872) |
| Issue | Can a party sue for early refusal to perform? |
| Legal Principle | Anticipatory breach of contract |
| Held | Yes — early renunciation = breach |
| Effect | Plaintiff can sue immediately |
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