Asked by Chevelle Rhule on Jun 28, 2024

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Antoine, a bush pilot, agrees to ferry an exploration crew from Gamma Oil to a remote part of Alberta in his helicopter, and to retrieve them a month later. Three weeks into the bush, the Gamma team learn through listening to local radio chatter on their short-wave radio that Antoine has sold his helicopter to a pilot in New Brunswick. In any future dispute over the situation, Gamma's position will be that Antoine's actions constituted anticipatory breach.

Anticipatory Breach

Occurs when one party to an agreement indicates they will not fulfill their contractual obligations, allowing the other party to take legal action before the breach occurs.

Bush Pilot

A pilot who operates aircraft, often small planes, in remote and undeveloped areas, typically for the purposes of transporting goods or passengers to locations without established runways.

Remote Part

A component or aspect that is distantly or indirectly related to the main subject or event.

  • Identify anticipatory breach and its implications in contracts.
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Verified Answer

SM
Spencer MacmasterJun 29, 2024
Final Answer :
True
Explanation :
Antoine's action of selling his helicopter before the agreed retrieval time can be seen as a clear indication that he will not fulfill his contractual obligations, thus constituting anticipatory breach.