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14 June, 22:19

In September, Amina hired Bryan as a delivery man. Bryan was to commence work on 1 November. On 1 October, Amina wrote to Bryan telling him that, despite their agreement, economic circumstances were such that she no longer required his services. Can Bryan sue Amina? Explain your answers in light of the principles learned on breach of contract.

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  1. 14 June, 22:30
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    Yes. Bryan can sue Amina

    Explanation:

    The above scenario is a case of anticipatory breach of contract. This breach of contract is when a party fails to fulfil it's obligations to another party in a contractual agreement.

    Although, there are some certain economic conditions that could negatively affect decisions already made either by an individual, businesses or parties to a contract as in the above case.

    It is however important to note that since agreement have been reached by both parties, they are legally binded to discharge them irrespective of whatever circumstances that could have taken place.

    The party who accepted the offer might have resigned from his previous employment based on the initial agreement hence be rendered jobless as a result of the breach.

    It is on the above premise that Bryan can sue Amina for damages to anticipatory breach of contract. He could also compel her to fulfil her part as agreed in the terms of the contract. Either of the two will be accepted in the court of law.
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